…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…
…intended to cause a mistrial). North Carolina courts have indicated that the failure to object to a mistrial in a noncapital case is implicit consent and waives any double jeopardy…
…is coming up more often now that G.S. 90-96 is mandatory for consenting defendants. The short answer, in my opinion, is that when a probation officer has the power to…
…defendant he was going to conduct a strip search and removed the handcuffs in the hope he would cooperate. But the defendant refused to give consent, and he physically resisted…
…the consent of the prosecutor if the charge is a misdemeanor rather than a felony.) Dismissal of the Charges. While dismissing the charge is an option, a judge may not…
…The proceeding is to obtain emergency relief (such as a domestic violence protection order, temporary restraining order, juvenile custody order, judicial consent to juvenile medical treatment order, or civil commitment…
…Whether pre- or post-conviction, a presentence commitment may only be ordered with the defendant’s consent (unless the commitment is for a sexually violent predator investigation under G.S. 14-208.20). The commitment…
…because she did not knowingly or voluntarily consent to the blood draw, the court noted that this issue was not raised at trial. Because defendant failed to raise the issue…
…that point was not the subject of the arrest warrant, officers searched the car based on consent and found marijuana; a majority of the appellate court found that the defendant…
…that Each party must consent; In criminal proceedings where the defendant’s right to confront witnesses or to be present is implicated, the defendant must waive these rights; If confidentiality is…
