…for consent to search the car? Even without reasonable suspicion? Does the time it takes to ask for consent, or the time it takes to conduct the search, unlawfully extend…
…Most blood draws in implied consent cases are requested and, if the suspect acquiesces, carried out under the state’s statutory implied consent scheme rather than in the manner the defendant…
…with you in a two-part post. This post reviews the past year’s jurisprudence on implied consent testing and compelled blood draws. Tomorrow’s post will review the recent case law on…
…the mosaic theory. The mosaic theory and cameras. Under certain circumstances, officers’ use of cameras may implicate the mosaic theory. The easiest example is a drone-mounted camera that follows a…
…Court ruled in Georgia v. Randolph, 547 U.S. 103 (2006), that if a physically present occupant refuses to consent to a search of a place and a co-occupant consents, the…
…Way is that the court meant what it said. A woman cannot withdraw her consent once intercourse begins with consent. Until the man withdraws, her consent is irrevocable for purposes…
…opportunity for cross and subsequent implied waiver of confrontation, should the witness later become unavailable for trial. A different result may be possible where the issues within the civil and…
…the implied-consent law.” G.S. 20-16.2 requires, among other things, that a law enforcement officer have probable cause to believe that the defendant committed an implied consent offense, that the defendant…
…of an impaired driver’s license revocation or driving after failing to appear for two years for an implied consent offense were proposed by the Governor’s Task Force on Driving While…
…analyst informs Dan of his implied consent rights, as set forth in G.S. 20-16.2. Dan indicates that he wishes to call a witness. Dan calls his roommate, who does not…