No Warrant, No GPS Tracking Of Car
In a unique opinion issued on January 23, 2012, the United States Supreme Court qualified the warrantless attachment of a GPS tracking device to an individual’s automobile as a “search” under the Fourth Amendment, but stopped short of calling it unreasonable. The question of precisely what facts constitute and unreasonable warrantless GPS tracking of a [...]
Justified Terry Frisk
In Nevada’s latest Fourth Amendment ruling, Cortes v. State, 127 Nev. Adv. Op. No. 44 (July 21, 2011), North Las Vegas police were justified in frisking Appellant Cortes following a lawful traffic stop for failing to display a license plate or visible temporary tag. Following the analysis of the United States Supreme Court in Arizona v. Johnson, [...]
Pretextual Vehicle Stops And Windshield Obstruction
The word “upon” in the context of statutes similar to NRS 484.619 has been decided to mean “that the object be on or in direct contact with the windshield-it does not prohibit items hanging from rearview mirrors.” See U.S. v. King, 244 F.3d 736, 740 (9th Cir. 2001). In King, the Ninth Circuit, interpreting the [...]
