…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…
…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…
…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…
…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…
…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…
…was trained as a law enforcement officer and chemical analyst (which authorized him to conduct implied consent testing on breath testing instruments), was properly allowed to testify about a retrograde…
…at 2:54 a.m. (some two hours after arriving at the jail), it also adopts the trial court’s finding that the defendant signed an implied consent offense notice (form AOC-CR-271) in…
…particularly significant in impaired driving cases. Indeed, G.S. 20-139.1(e2) requires that implied consent cases in district court be continued until the chemical analyst who analyzed the defendant’s breath, blood or…
