…for or] charged with an implied consent offense.” The arresting officer may “designate the type of test or tests to be given.” G.S. 20-16.2(c). As a matter of convenience, most…
…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…
…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….
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422…
…chemical analysis under the state’s implied consent laws when certain conditions are met. Thus, the person must agree to submit to testing at the request of a law enforcement officer…
…I haven’t yet discussed the particulars of that privilege, I thought I’d do so now. North Carolina’s implied consent laws, like their sister-provisions in other states, are designed to coerce…
…be home with his wife within 30 minutes. The defendant did not waive his rights on the Implied Consent Offense Notice form. The Court further determined that C.K.D. did not…
…allowed to just rule on motions to suppress in implied consent cases like they would in any other case. Instead, they must “preliminarily indicate” how they intend to rule and,…
…order pending an appeal. Textalyzer & Implied Consent. An article from Above the Law reports that New York State is considering authorizing police to use a device called a “Textalyzer”…
…G.S. 20-16.2(c) allows testing for drugs and alcohol in an implied consent case so long as the testing is lawfully carried out, regardless of whether it comports with the implied…
