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Search Results for: open carry

Shoplifting and Larceny

November 21, 2016 Jeff Welty

…apprehended after leaving the store. The general thinking seems to be that the departure from the store cements the elements of carrying away and intent to deprive. Charging both offenses….

Categories Crimes and Elements, Uncategorized Tags double jeopardy, larceny, last point of sale, shoplifting 1 Comment

New Drug Crimes

October 12, 2017April 11, 2011 Jeff Welty

…Additional controlled substances. Amended G.S. 90-89(5) includes three new substances as Schedule I controlled substances, which generally carry the most serious criminal penalties: 4-methylmethcathinone (also known as mephedrone): 3,4-Methylenedioxypyrovalerone (also…

Categories Crimes and Elements, Uncategorized Tags controlled substances, drugs, spice, synthetic cannabinoids 10 Comments

Seizure by Blocking One’s Path

August 22, 2013 Jeff Welty

…his bicycle and peered in the window. The defendant and his companion subsequently exited the vehicle and began to walk down the sidewalk, with the defendant still carrying the cup….

Categories Search and Seizure, Uncategorized Tags blocking path, fourth amendment, isenhour, knudsen, seizure, show of authority 1 Comment

Substance Abuse Treatment Isn’t Medical or Psychiatric Treatment for Probation Purposes

February 8, 2018 Jamie Markham

…3 years beyond the original period, which could carry past 5 years if the original period were long enough at the outset. But, as I noted above, that sort of…

Categories Sentencing, Uncategorized Tags extending probation, probation, probation violations, State v. Peed 2 Comments
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Court of Appeals Holds Sight or Odor of Cannabis = Probable Cause

September 3, 2024August 21, 2024 Phil Dixon

…possession with intent to sell or deliver marijuana and misdemeanor carrying a concealed weapon. The juvenile moved to suppress, arguing that the officers lacked probable cause to search his car….

Categories Case Summaries, Search and Seizure Tags cannabis, drug identification, hemp, In Re: J.B.P., odor of marijuana, odor plus, SBI memo
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News Roundup

January 8, 2021 Christopher Tyner

…Washington on Tuesday, the day prior to the attack on the Capitol. Thomas Gronek was arrested on Constitution Avenue and charged with carrying a pistol without a permit, possession of…

Categories Uncategorized Leave a comment

Second Amendment Update

June 12, 2012 Jeff Welty

…carry in restaurants, unless prohibited by the establishment, (2) increase the penalty for possession of a firearm by a felon if the defendant discharged the gun or injured someone with…

Categories Uncategorized Tags firearms, guns, Heller, parks, second amendment Leave a comment

Fourth Circuit Decides Involuntary Medication Case

October 17, 2017September 23, 2010 Jeff Welty

…rarely, if ever, been tested on individuals with [the defendant’s] condition,” and might be ineffectual or carry significant side effects. In all, the majority did not believe that this case…

Categories Procedure, Uncategorized Tags competency, fourth circuit, involuntary medication, sell Leave a comment

Lay Opinion about Drug Activity

October 18, 2017April 13, 2011 Jeff Welty

…people involved in the drug trade, it was common “for one person to hold the money and for another person to carry the drugs”). Connection between drugs and items. Officers…

Categories Uncategorized Tags drug activity, drugs, lay opinion 2 Comments
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Case Summaries – N.C. Court of Appeals (Oct. 4, 2022)

October 6, 2022 Alex Phipps

…explained that it consisted of (1) taking of property, (2) carrying it away, (3) without the owner’s consent, and (4) with the intent to deprive the owner of the property….

Categories Case Summaries Tags case summaries, North Carolina Court of Appeals
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