…a driver charged with an implied-consent offense refuses to submit to a chemical analysis. When such a refusal occurs, G.S. 20-16.2(c1) requires the law enforcement officer and chemical analyst to…
…cooperate and consented to searches of his homes. Guns and more evidence of drug trafficking were discovered there. Before charges were brought, the defendant fled and evaded capture for around…
…registered with DMV. See G.S. 20-54(8). G.S. 20-138.7(b) provides that open container offenses are alcohol-related offenses subject to the implied-consent provisions of G.S. 20-16.2. Does this mean the officer may…
…which allows officers to do consent searches — and that municipal regulation of consent searches is preempted by state law. Second, several “current and former” Fayetteville officers, together with the…
…suspicion of criminal activity (or consent). The Court rejected the government’s argument that an officer may incrementally prolong a traffic stop, which some lower courts, including North Carolina’s, had justified…
…Harris County, Texas was unconstitutional. Similar litigation is now underway in our state, and appears to be headed towards a consent preliminary injunction. On November 12, 2019, a class action…
…The defendant said that the car and the phones belonged to a friend. The officer proceeded to do a consent examination of the phones, then – according to the court…
…of such searches in connection with traffic stops. The police are set to resume consent searches on Monday, apparently using a new written consent form. In other news: The repercussions…
…the requested evidence. G.S. 15A-1233(a). Unlike a review in the jury room, the judge may allow a review in open court regardless of whether the parties consent. State v. Lee,…
