…fraudulent intent. G.S. 14-453 defines authorization as having the consent or permission of the owner—or of the person licensed or authorized by the owner to grant consent or permission—to access…
…majority opinion, joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. The majority held that Currier’s consent to two trials when having only one trial would have avoided…
…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….
…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,…
…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…
…make the order reviewable pretrial. “. . .[I]f we were to find jurisdiction based on this acquittal theory, then all trial rights would be subject to immediate appeal, and the…
