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…
…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…
…with impaired driving, the officer had reasonable grounds to believe Edwards committed that offense, that Edwards was notified of her implied consent rights, and that Edwards willfully refused to submit…
…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…
…for consent to search the home. The grandfather gave consent, and opened the door of the defendant’s bedroom for the officers, who found guns and ammunition in the room. The…
…uses an actual consent standard for initial consent and a “reasonable person” standard for revocation of consent. Thus, if a person revokes consent after initially consenting to having sex, the…
…because officers “physically occupied private property for the purpose of obtaining information.” In Jardines, the Court ruled that the implied invitation to approach the front door of a residence does…
…pursuant to the state’s implied consent laws. Certainly, an officer could not intentionally delay such request in order to rely on an exigency of his or her own making, but…
…month, the court of appeals decided, on the same day, two cases that address the scope of a suspect’s consent to search a vehicle. In State v. Lopez, __ N.C….
…proximate cause of the death. Despite the fact that the offense by definition does not involve impaired driving, it was defined as an implied consent offense by S.L. 2011-119. That…
