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Search Results for: theory of implied consent

Google Glass, Recordings, and the Law

January 22, 2014January 22, 2014 Jeff Welty

…Carolina law, the consent of one party is sufficient to record a conversation. G.S. 15A-287. Therefore, a Glass wearer can record any conversation to which he or she is a…

Categories Search and Seizure, Uncategorized Tags fourth amendment, Google, google glass, intellectual property, jardines, movie theater, recording 5 Comments

Work Release

July 17, 2014 Jamie Markham

…the consent of the defendant the judge may also order work release. G.S. 15A-1351(f). This mandatory order is an exception to the general separation-of-powers rule that a judge cannot require…

Categories Sentencing, Uncategorized Tags jail, prison, recidivism, restitution, Sentencing, sheriff, work release 3 Comments

Court of Appeals Finds Extension of Traffic Stop Unsupported by Reasonable Suspicion

May 9, 2016 Jeff Welty

…by a few seconds to ask the driver for consent to search. This post summarizes and analyzes the case. Facts. A deputy stopped the defendant at 11:30 p.m. for failing…

Categories Motor Vehicles, Search and Seizure, Uncategorized Tags bedient, consent to search, court of appeals, fourth amendment, reasonable suspicion, rodriguez, traffic stops 9 Comments
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Case Summaries—Court of Appeals (12/3/2019)

December 5, 2019 John Rubin

…is not a condition that converts a PJC into a final judgment, a trial judge may not impose that condition without the defendant’s consent. When a defendant consents to a…

Categories Uncategorized Tags case summaries Leave a comment
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COVID-19 and Delinquency Continued Custody Hearings

March 24, 2020 Jacquelyn Greene

…the need for continued secure custody may be waived if the juvenile consents. If the juvenile does not consent, these hearings must occur on the applicable statutory timeline. Therefore, even…

Categories Uncategorized Tags juvenile custody hearings, juvenile delinquency, remote juvenile hearings Leave a comment
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Case Summaries – N.C. Supreme Court (August 13, 2021)

August 16, 2021 Brittany Bromell

…of conducting a frisk of defendant’s person and a search of the vehicle. The defendant consented to be frisked for weapons, and a pat down of the defendant’s clothing revealed…

Categories Case Summaries Tags fifth amendment, MAR, prejudice, terry stop
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New Revenge Porn Crime

November 3, 2015 Jessica Smith

…person discloses the image without the affirmative consent of the depicted person, and (7) the person discloses the image under circumstances such that he or she knew or should have…

Categories Crimes and Elements Tags crimes, elements, private images, revenge porn 20 Comments

Drug Dogs

November 18, 2009 Jeff Welty

…dog to the storage facility, which was a climate-controlled building with storage units opening off an indoor hallway, and got the consent of the facility’s owner to walk the dog…

Categories Search and Seizure, Uncategorized Tags canines, dogs, expectation of privacy, fourth amendment, sniffs 4 Comments
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Lessons Learned on Vacation: 2016 Edition

May 31, 2016 Shea Denning

…liquor and fortified wine (combined) at: another person’s residence with that person’s consent; any other property not primarily used for commercial purposes and not open to the public at the…

Categories Crimes and Elements Tags 18B-301, ABC law, beach, beer, emerald isle, liquor, wine 3 Comments
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Case Summaries: Fourth Circuit Court of Appeals – March 2020

April 2, 2020April 2, 2020 Phil Dixon

…of an offense or consent pursuant to Rodriguez. Here, the stopping officer was aware that the defendant was under investigation for trafficking drugs. Further, under the collective knowledge doctrine, all…

Categories Crimes and Elements, Motor Vehicles, Procedure, Search and Seizure, Uncategorized Tags case summaries, fourth circuit, March 2020 1 Comment
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