…and Fifth Amendment violations pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). Bivens found an implied cause of action for constitutional violations by federal officers…
…. [and instead] responded, ‘Oh, yeah, I’ll take care of those.’” The court reasoned that the defendant’s response “implied that he knew that there was an insufficient amount in the…
…a plain reading might suggest. First, only felonies predicated on actual intent, rather than implied intent as evidenced by a defendant’s culpable negligence, may serve as underlying felonies for the…
…machine.” Id. at 478. Although Peña signed page two and the initials “JRP” appear on the other pages, “no statement by Peña, express or implied, appears on any of those…
…the implied authority granted by the revision to G.S. 15A-629, there is also pre-15A authority in favor of allowing resubmission of an indictment to the same grand jury, if that…
…interpretation of G.S. 20-28(a) also was founded upon the traditional criminal law requirement that a defendant act with guilty knowledge. Justice Exum embraced this implied mens rea argument in his…
…obtained by police officers outside of their territorial jurisdiction” (internal quotations omitted)). Note: S. 20-38.3(2) now specifically authorizes a law enforcement officer to take a person arrested for an implied-consent…
…is probable cause to believe that a driver has committed an implied-consent offense. Some commentators have questioned whether use of the Sniffer violates a person’s Fourth Amendment rights. See Han,…
…would render [statutes proscribing true threats] powerless against the ingenuity of threateners who can instill in the victim’s mind as clear an apprehension of impending injury by an implied menace…
…implied-consent offense[s],” G.S. 20-38.1, so I don’t see it as authorizing initial appearances away from the courthouse more broadly. There’s no comparable provision in the general initial appearance statute, G.S….
