…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….
…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….
…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…
…affirmative actions and to any subsequent escape”). b) Agency Theory: North Carolina’s courts have rejected the foreseeability theory and adopted a view known as the agency theory. Under our law,…
…of a blood sample without first advising an impaired driving suspect of his implied consent rights or seeking his consent if the suspect is unconscious or otherwise in a condition…
…held that a drug suspect’s general consent to a search of his person didn’t allow officers to look inside his underwear. Difficult questions about the scope of consent arise particularly…
