I’m thankful for the Fourth Amendment which, in spite of recent Supreme Court decisions, remains the most important way that…Continue Reading
In a criminal trial, the defendant enjoys two privileges. The first privilege is that the defendant – the accused –…Continue Reading
Reasonable suspicion is the lowest burden of proof in our legal system. Reasonable suspicion is something more than a hunch…Continue Reading
No matter how thoroughly you delete an item from a computer, unless you take extreme measures, you can’t be truly…Continue Reading
The Fourth Amendment gives people a right against unreasonable searches and seizures: The right of the people to be secure…Continue Reading
This weekend police in Wake County conducted checkpoints that ended in arrest of 130 drivers. These checkpoints are sometimes procedurally flawed.
I recently saw a case where police had pre-filled in their reports before setting up the checkpoint and then tried to claim the reports accurately reflected their observations. The judge didn’t buy that.