…scope of the implied license to conduct a knock and talk in violation of the Fourth Amendment and the defendant’s motion to suppress should have been granted State v. Fall,…
…dissent. He reasoned that visitors, welcome or not, friends or peddlers, have an implied “license to use a walkway to approach the front door of a house and to remain…
…v. Pasour, 223 N.C. App. 175 (2012) (knock and talk at back door after no reply at front door improper), the court held that the officers’ implied invitation to approach…
…Harbison, 315 N.C. 175 (1985), which would represent ineffective assistance of counsel. However, the court did not see a Harbison error, noting “defense counsel here never implied or mentioned any…
…her consent or a search warrant violated the Fourth Amendment. The city moved to dismiss, arguing that chalking was not a Fourth Amendment search and that even if it was,…
…Yes. G.S. 20-139.1(e2) (discussed here) requires that an implied consent case in district court “be continued until the analyst can be present.” For this requirement to apply, however, the State…
…in” the I-9 forms. The Court held that the Kansas identity theft laws were neither expressly nor impliedly preempted by federal law. With respect to express preemption, the court explained…
…that if a person charged with an implied consent offense refuses testing, “any law enforcement officer with probable cause may, without a court order, compel the person to provide blood…
…(1971) (allowing an implied civil action for damages against federal agents for certain civil rights violations), alleging the stops were unreasonable seizures in violation of the Fourth Amendment. The officers…
…insurance required by law (G.S. 20-28(a)); (2) A driver revoked solely under G.S. 20-16.5 as a result of a civil license revocation arising from an implied consent charge who drove…
