…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….
…Yes. G.S. 20-139.1(e2) (discussed here) requires that an implied consent case in district court “be continued until the analyst can be present.” For this requirement to apply, however, the State…
…that if a person charged with an implied consent offense refuses testing, “any law enforcement officer with probable cause may, without a court order, compel the person to provide blood…
…N.C. App. 161 (2011). A waiver of the right to be present at sentencing will not be implied, but a defendant may expressly waive it—at least in some cases. Under…
…finding that the rental car company had validly consented, that the defendant abandoned any expectation of privacy in the vehicle, and that the gun would have been inevitably discovered. The…
…the jury regarding judicial impartiality, and stated “the jurors would not have gone into the jury room thinking the judge had implied any opinion by having the prosecutor give part…