…that, although she sometimes engaged in sex for money, she was selective in choosing her customers. This fact, the defendant argued, made it more likely that she consented to sex…
…to have consented to his or her probation. To be safe, then, the repeal was accompanied by a state constitutional amendment, adding probation to the list of authorized punishments. Consent…
…did not see any indications of recent use. The woman consented to a search of her purse but refused to consent to a search of the car, stating that it…
…search the car [stating that they did not need Byrd’s consent because he was not an authorized driver], discovering body armor and 49 bricks of heroin in the trunk. The…
…database and finds nothing exceptional, and returns the driver’s license and registration, perhaps along with a warning or a citation. The officer then asks the driver for consent to search…
…special purpose extension under G.S. 15A-1342(a) or G.S. 15A-1343.2(d). Those two statutes say essentially the same thing: that extension under them is allowed only when (1) the defendant consents, (2)…
…discharge when an eligible defendant is convicted and the defendant and the district attorney consent. Subsection (b), on the other hand, says the court defers proceedings “in its discretion.” The…
…in a minute.) Those changes are important, but the biggest change to G.S. 90-96(a) under the JRA is that it makes discharge and dismissal mandatory for consenting defendants. The provision…
…will generally require law enforcement to obtain a search warrant or valid consent before reading them, absent exigent circumstances. See, e.g., U.S. v. Bledsoe, 630 F. Supp. 3d 1, 18…
…court noted the “paucity” of caselaw, observing that Watkins appears to be the only reported case on the “substantial risk” theory under N.C.G.S. § 14-318.2. Slip Op. at ¶13. However,…
