…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…
…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….
…mission of the stop by delving into an unrelated drug investigation and seeking consent to search the apartment. The court disagreed: [A]t the time Officer Fisher asked for consent to…
…employed in the investigation of implied consent offenses. G.S. 20-16.3 permits a law enforcement officer to require the driver of a vehicle to submit to an alcohol screening test within…
…not be limited to that theory and the jury may be instructed on another theory (such as aiding and abetting) if the evidence supports such an instruction. See State v….
…person has committed an implied consent offense; The person is charged with that offense; The law enforcement officer and the chemical analyst comply with the provisions of G.S. 20-16.2 and…
…implied consent offenses sentenced under the Structured Sentencing Act. And, as a practical matter, I’m not sure it ever is applied to implied consent offenses other than those sentenced under…
…implied consent testing statutes afford a person stopped or questioned by a law enforcement officer who is investigating an implied consent offense the right to a breath test before being…
…the validity of a consent search by a residential occupant after a co-occupant has previously objected to a search but is no longer physically present when the occupant consents. Facts….
