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Search Results for: implied consent

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State v. Humphreys and RDO

February 25, 2021 Phil Dixon

…The defendant was notified and quickly arrived on scene. She was “belligerent, cursing, and very loud” from the time she arrived. Slip op. at 3. She ultimately consented to a…

Categories Crimes and Elements Tags disorderly conduct, fighting words, first amendment, free speech, protected speech, RDO, Resist delay obstruct, resisting public officer, State v. Humphreys, willful, willfulness Leave a comment

Update on Unauthorized Access to a Computer

October 11, 2017January 4, 2011 Jeff Welty

…computers, it means accessing a computer “in a manner not exceeding the consent or permission” of the person in control of the computer. So whether the law clerk’s conduct ought…

Categories Crimes and Elements, Uncategorized Tags computer crime, computers, unauthorized access Leave a comment
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Case Summaries: N.C. Supreme Court (March 22, 2024)

March 28, 2024 Alex Phipps

…the officers consent to search the home. Defendant claimed the safe was not his, and no one present would open the safe for a search. The officers obtained a search…

Categories Case Summaries Tags case summaries, north carolina supreme court
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Aiding and Abetting

October 11, 2017January 5, 2011 Jessica Smith

…by the parent showing the parent’s consent and contribution to the crime and thus is sufficient to support a conviction based on aiding and abetting. State v. Walden, 306 N.C….

Categories Crimes and Elements, Uncategorized Tags abetting, aiding, elements 14 Comments

Are Prosecutors Entitled to Immunity When Advising Law Enforcement Officers?

April 1, 2024 Jeff Welty

…she is concerned, the officer may search the computer. The officer is unsure whether the mother’s consent is sufficient, so the officer calls a prosecutor who advises that it is…

Categories Uncategorized

The Emergency Doctrine

September 15, 2010 Jeff Welty

…Generally, a warrant is required to enter a home without the consent of the occupants. Yet “a warrant is not required to break down a door to enter a burning…

Categories Search and Seizure, Uncategorized Tags cline, emergency, exigency, warrantless searches 2 Comments

Search Warrants for Suicide Scenes

October 12, 2015 Jeff Welty

…question will often consent to reasonable investigation by a law enforcement officer. And of course, if a report concerns an attempted rather than a completed suicide, an officer almost certainly…

Categories Search and Seizure, Uncategorized Tags homicide, probable cause, search warrants, suicide 8 Comments
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Unlawful Racing of Motor Vehicles

September 28, 2016 Shea Denning

…In addition, if the owner can establish that he or she did not consent to or know about the use of the motor vehicle in the prearranged speed competition then…

Categories Crimes and Elements, Motor Vehicles Tags involuntary manslaughter, racing, second degree murder, speed competition, unlawful racing Leave a comment
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In Search of Youth Voice: Were You or Someone You Know Involved with Juvenile Court in N.C.?

October 27, 2020 Jacquelyn Greene

…to allow us to edit the various responses that we receive into one master video. The video will be used in our courses for the legal professionals. Because consent for…

Categories Uncategorized Tags child welfare, juvenile justice Leave a comment
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What Is The Date of a Prior Impaired Driving Conviction under G.S. 20-179?

October 18, 2017March 13, 2012 Shea Denning

…that time and the case is remanded to district court with the consent of the prosecutor and the superior court (see G.S. 15A-1431(g),(h)), the district court must hold a new…

Categories Motor Vehicles, Procedure, Sentencing, Uncategorized Tags DWI, look back period, prior convictions 1 Comment
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