Search
Daniel Coble
- Feb 13, 2020
Fourth Amendment and Stop and Frisk
In a recent S.C. Supreme Court opinion, the court had to determine whether a stop and frisk violated the defendant's Fourth Amendment...
Daniel Coble
- Feb 6, 2020
New DUI case in South Carolina
The S.C. Supreme Court recently handed down a case on DUI and exigent circumstances. The basic facts: a defendant crossed the yellow...
Daniel Coble
- Jan 3, 2020
Automobile exception: how soon after must warrantless search occur? "Not... immediately"
In a recent Court of Appeals case, the court analyzed two exceptions to the warrant requirement - consent and automobile: One thing...
Daniel Coble
- Jan 2, 2020
CREAC: Franks Hearing in South Carolina
A Franks hearing is used when the defense alleges that the search warrant is invalid and thus the items seized should be suppressed (in a...
Daniel Coble
- Dec 6, 2019
Inevitable discovery doctrine & inventory searches
In a recent Fourth Circuit case (US v. Seay), the court had to analyze an exception to the warrant requirement: inevitable...
Daniel Coble
- Nov 11, 2019
Forthcoming 2019: Fourth Amendment Textualism
Forthcoming 2019 Forthcoming 2019 is a section from the Everyday Evidence Legal Blog that highlights recent papers from attorneys and...
Daniel Coble
- Oct 16, 2019
Forthcoming 2019: The Emerging Principles of Fourth Amendment Privacy
Forthcoming 2019 Forthcoming 2019 is a section from the Everyday Evidence Legal Blog that highlights recent papers from attorneys and...
Daniel Coble
- Oct 1, 2019
The 4th: Particular facts and circumstances
“The affidavit must set forth particular facts and circumstances underlying the existence of probable cause to allow the magistrate to...
Daniel Coble
- Jul 12, 2019
Not Your Scalia's Textualism
I recently reviewed an article by Professor Jeffrey Bellin called "Fourth Amendment Textualism." His article is forthcoming in the...
Daniel Coble
- Jun 11, 2019
Good-Faith Exception
The exclusionary rule is used to keep out evidence that was illegally obtained. This usually occurs when law enforcement searches or...
Daniel Coble
- May 8, 2019
The 4th: Typo in search warrant
“The date typed on the search warrant was January 5, 1972, and the search was made January 5, 1973, in violation, it is claimed, of...
Daniel Coble
- Apr 22, 2019
The Case after Carpenter
The Fourth Amendment periodically goes through jurisprudence changes...or some fancy words like that...Whether it is tapping telephones...
Daniel Coble
- Mar 24, 2019
The 4th: Totality of the circumstances
“A search warrant may issue only upon a finding of probable cause. The duty of the reviewing court is to ensure the issuing magistrate...
Daniel Coble
- Mar 6, 2019
The 4th: Person served gets copy
“When any person is served with a search warrant, such person shall be furnished with a copy of the warrant along with the affidavit upon...