…was in a police vehicle with the defendant’s identification. The defendant initially agreed to the backpack search, but before it began, withdrew his consent. The officer asked for consent four…
…the suspect.” Florida v. Jimeno, 500 U.S. 248 (1991). There is a split of authority regarding whether a reasonable person would understand consent to search a residence as including consent…
…the defendant’s self-defense theory. The Harbison rule applies to situations where defense counsel makes an implied admission of the defendant’s guilt to the jury State v. McAllister, ___ N.C….
…not enough to satisfy the constructive presence element. “To hold the theory of acting in concert would be satisfied merely where ‘remote assistance’ is possible would broadly expand the universe…
…a written consent, but the defendant refused, saying that the car belonged to the passenger. The officer then searched the car based on the oral consent, finding evidence of identity…
…based on those tests. He arrested Combs and took her to the police department for implied consent testing. At the police department, a certified chemical analyst advised Combs of her…
The State’s failure to accord a defendant his or her statutory implied consent rights as set forth in G.S. 20-16.2 may render the results of any ensuing breath test inadmissible….
Two statutes enacted as part of the Motor Vehicle Driver Protection Act of 2006, G.S. 20-38.6 and 20-38.7, significantly altered district court procedures for implied consent offenses committed on or…
…relief in the following circumstances, here’s your remedy. The State failed to inform the defendant of her statutory implied consent rights before conducting a chemical analysis. The results of the…
To be valid, consent to search must be voluntary. Is consent voluntary when given after an officer thrreatens to obtain a search warrant if consent is withheld? Generally, yes. See…
