…the Fourth Amendment”). For such a search to satisfy the reasonableness requirement of the Fourth Amendment, it generally must — absent the person’s consent to the search, exigent circumstances, or…
…felony in district court with the consent of the presiding district court judge, the prosecutor, and the defendant. G.S. 7A-272(c). If the defendant has not yet been indicted and the…
…According to the defendant, the officer searched her car without consent, found drugs, removed them from the car, and then put them back inside the car for canine training purposes….
…minded being patted down. The defendant refused consent. One of the officers threatened to arrest him for trespassing and continued seeking consent to frisk. The defendant reiterated that he was…
…Court decisions, then, collectively appear to support the following proposition: when an individual gives consent to another to intrude into an area or activity otherwise protected by the Fourth Amendment,…
…free and searchable database of case summaries from 2008 to the present. Trial court’s procedure for consenting to defendant’s waiver of jury trial complied with G.S. 15A-1201(d)(1) and did not…
…consent in the absence of reasonable suspicion, “there was sufficient evidence from which the trial court could have found as fact at trial that Defendant voluntarily consented to the search…
…G.S. 90-96(a) mandatory for eligible defendants who consented to it. Two years later, it was once again made discretionary. Or was it? Readers of this blog are probably familiar with…
…the requirement of notice or a hearing, and it expressly says that the extension may be done by consent. That consent is memorialized by checking box 1.b. near the top…
…court’s order. Because the offense was committed before December 1, 2006, it was not governed by the current procedures for motions in implied-consent cases, discussed here. (Under current G.S. 20-38.6,…