…consent to search the vehicle, to which he replied “you could break the car down,” but further explained that Lamm should seek consent from Peart since she had rented the…
…defendant’s counsel made implied admissions of guilt by admitting that defendant engaged in a sexual act with the victim and that the victim was below the statutory age of consent….
…Klein and Devins, “Dicta, Schmicta: Theory vs. Practice in Lower Court Decision Making,” 54 Wm. & Mary L. Rev. 2021 (2013). To compare theory and practice, the authors conducted an…
…been recently used. According to the report, New York lawmakers are considering a bill that would use the theory of implied consent to permit officers to use the device on…
…involuntarily, observed unclothed, or have their private parts observed or touched. Consent searches. Because a strip search involves an intrusion beyond a typical search of a person’s body, courts carefully…
…the matter. In deciding whether a delay is reasonable, courts examine “the reason for the delay, the length of the delay, whether the defendant consented to the delay, and any…
…from a search of the defendant’s purse when officer testified that the defendant voluntarily consented to the search, notwithstanding contradictory testimony from the defendant. State v. Hall, ___ N.C. App….
…wrongdoing, i.e., a failure to register, not enhancing traffic safety. Seeking consent to search. The Rodriguez Court did not directly address requests for consent to search, but such requests are…
…under the federal and state constitutions in that it was not authorized by statute or as a matter of consent. The trial court denied the motion to suppress, but the…
…and subsequent precedent, a violation of the defendant’s constitutional right to counsel occurs whenever defense counsel expressly or impliedly admits guilt without the defendant’s consent, and this violation does not…
