Several earlier posts a (here, here, and here) address the requirement that a person arrested for an implied consent offense be informed of statutory implied consent rights before being asked […]
Stan Speedy is charged with impaired driving. He has filed a motion to suppress evidence of blood test results based on a violation of his Fourth Amendment and his statutory […]
Dan Defendant is charged with and arrested for driving while impaired. He is taken to a law enforcement center for administration of a chemical analysis. At 2:00 a.m., the chemical […]
A few weeks ago, I blogged about the offense of operating while impaired. One of the issues I raised in the post was whether telling a defendant that his or […]
Some time ago, I received an email from a researcher asking whether a minor may consent to the search of his or her cell phone. The question made me realize […]
The Confrontation Clause of the Sixth Amendment generally guarantees a criminal defendant the right to confront and cross-examine his accusers in person. If a witness was available for an earlier […]
Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an offense involving impaired driving apply to juveniles? If the case […]
In every case where a person is charged with felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1), the motor vehicle driven is subject to seizure and forfeiture. […]
Law enforcement has authority to seize a person’s motor vehicle in several circumstances. Motor vehicles may be seized as evidence of a crime or for containing evidence of a crime, […]
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during August of 2024. Cases of potential interest to state practitioners are summarized […]