In an implied consent case in which a defendant is asked to submit to a chemical analysis, the law enforcement officer and chemical analyst (who often are the same person)…
…impaired driving. Being charged with an implied consent offense is a prerequisite to obtaining a chemical analysis of a person pursuant to the state’s implied-consent laws. ) The officer then…
…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…
…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…
…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…
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…
A federal court Consent Order has been entered in the Alamance County bail litigation. The relief granted in that order and the county’s new local bail and first appearance policies…
…did not voluntarily consent to the search of his backpack. Explaining the standard for voluntary consent, the court explained that “[t]o be voluntary, consent must be free from coercion, express…
…imposed by a district court in an implied consent case is vacated upon the defendant’s giving notice of appeal to superior court. Thus, under current law, a new sentencing hearing…