The United States Supreme Court held in Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), that sworn forensic reports prepared by laboratory analysts for purposes of prosecution are testimonial statements, rendering…
…lack of consent. Some sexual offense crimes include force as an element. See, e.g., G.S. 14-27.4 (first-degree forcible sexual offense). As such, the relevant conduct is never constitutionally protected. However,…
…show the likelihood of his or her consent. See, e.g., State v. Banks, 295 N.C. 399 (1978), overruled on other grounds, State v. Collins, 334 N.C. 54 (1993). A 1977…
…defendant’s consent to the search and his subsequent nervous behavior justified a Terry frisk of his clothing for weapons; and counterfeit drugs discovered during that search were admissible under the…
…Conditional discharge under G.S. 90-96(a) is mandatory for consenting, eligible defendants unless the court determines, with a written finding, and with the consent of the district attorney, that the defendant…
…precedent, a valid warrant for evidence on crime on a computer that is supported by probable cause gives officers implied authority to examine each file on the computer “at least…
…transaction. A Brief History of Larceny “Larceny is the wrongful taking and carrying away of the personal property of another without his consent and with the intent to permanently deprive…
…the implied-consent laws. Ollie contacts Paul Prosecutor and asks him to obtain a court order for Dan’s medical records, which Ollie knows are likely to contain bloodwork reflecting Dan’s blood…
…provisions. At first, the issue of authorization seems straightforward. The North Carolina statutes define “authorization” as “having the consent or permission of the owner . . . to access a…