…that such motions be made pre-trial when the defendant is charged with an implied consent offense, unless the motion is based upon facts discovered by the defendant during the course…
Nearly 15 years ago, the General Assembly created the misdemeanor offense of failing to appear for two years for an implied consent offense. See S.L. 2006-253 (enacting new G.S. 20-28(a3),…
…because officers “physically occupied private property for the purpose of obtaining information.” In Jardines, the Court ruled that the implied invitation to approach the front door of a residence does…
…appeals vacated Fowler’s conviction, concluding that it had to assume the jury relied upon the unsupported .08 theory rather than the appreciable impairment theory that had evidentiary support. The state…
…(7th Cir. 2013) (noting that “one does not consent to the government entering his home by simply answering the door,” but finding that an occupant consented to an officer’s entry…
…Protection Act of 2006, S.L. 2006-253, medical providers and other qualified persons were authorized, but not obligated to, withdraw blood from a defendant charged with an implied-consent offense upon the…
…to refuse consent. See, e.g., Alafair S. Burke, Consent Searches and Fourth Amendment Reasonableness, 67 Fla. L. Rev. 509 (2016) (collecting data, most of which shows that 90% or more…
…the theory of implied consent). The incentive for defendants to “voluntarily” submit to compulsory testing is provided by their desire to remain licensed; defendants are informed that if they refuse…
…murder his mother using a garden hoe as a deadly weapon when the evidence did not support that theory was prejudicial error. State v. Steen, ___ N.C. ___, ___ S.E.2d…
…State’s contention that the defendant consented to the blood draw by virtue of the implied consent statutes. The State struck out there as well. The court reasoned that treating G.S….