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Search Results for: open carry

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Is Your Neighborhood’s 17 MPH Speed Limit Enforceable?

April 4, 2018 Shea Denning

…city are not streets. They may be open to the public, but they are not open to the public as a matter of right. Instead, such private roadways are properly…

Categories Motor Vehicles Tags 17 mph, G.S. 20-141, local government, posted speed limit, private vehicular area, street 5 Comments

Confidential Informants, Motions to Reveal Identity, and Discovery: Part III, How to Handle the Video

June 24, 2024 Daniel Spiegel

…trunk was no substitute. If the transaction in Roviaro had been videotaped, and North Carolina’s open-file discovery statutory framework applied, it seems likely that the Roviaro Court would require the…

Categories Uncategorized Tags CIs, confidential informants, dark, discovery, informer's privilege, motions to reveal identity, privilege, roviaro, video
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Statutory Rights to Appeal Orders in Delinquency Matters: What, When, Who, and Impact on Juvenile Court

April 15, 2024 Jacquelyn Greene

…in open court at the time of the hearing or 2) in writing within 10 days after entry of the order. G.S. 7B-2602. Notice in open court at the time…

Categories Uncategorized Tags 7B-2602, 7B-2603, juvenile appeals, juvenile delinquency, right to appeal
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Case Summaries – N.C. Court of Appeals (Jan. 17, 2023)

January 27, 2023January 26, 2023 Alex Phipps

…exceptions applied to defendant’s situation. Id. at 15. Opening statement reference to testimony that was not offered at trial did not require intervention by the trial court ex mero motu;…

Categories Case Summaries Tags case summaries, nc court of appeals, North Carolina Court of Appeals
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Advice for Defenders Handling H & I Felonies in District Court

September 3, 2024 Phil Dixon

…of appeal. Notice of appeal may be given in open court after the pronouncement of the judgment or may be filed in writing within 14 days of the judgment. N.C….

Categories Procedure Tags felony pleas in district court, G.S. 7A-272, H and I felonies

What Everyone Needs to Know about Knock and Talks

June 15, 2018June 11, 2018 Jeff Welty

…three minutes, called out “police” and “open up,” then proceeded to knock loudly on the room’s window for another minute or two). There is no simple way to determine how…

Categories Search and Seizure, Uncategorized Tags fourth amendment, knock and talk, Search and Seizure 12 Comments

Breaking or Entering a Motor Vehicle

October 18, 2017March 26, 2010 Jeff Welty

…so far, the majority upheld the defendant’s conviction based on reaching in and opening the hood of a vehicle, so the statute covers the engine compartment, too. 4. What if…

Categories Crimes and Elements, Motor Vehicles, Uncategorized Tags breaking or entering, motor vehicles, toolboxes, trucks 13 Comments

The Private Search Doctrine in Child Pornography Cases

June 4, 2015June 4, 2015 Jeff Welty

…follows a private search. The seminal case in this area is United States v. Jacobsen, 466 U.S. 109 (1984), where FedEx employees opened a package that had been damaged by…

Categories Search and Seizure, Uncategorized Tags child pornography, computer searches, digital evidence, fourth amendment, lichtenberger, private search doctrine, private searches 1 Comment

Breaking or Entering a Building

October 18, 2017April 6, 2010 Jeff Welty

…open bed of a pickup truck. I’ve also been asked several questions recently about breaking or entering a building, and specifically, about what counts as a “building.” The question seems…

Categories Crimes and Elements, Uncategorized Tags breaking or entering, building, carports, tents, walls Leave a comment

Can Law Enforcement Review Ankle Monitor Location Data Without a Warrant?

February 27, 2025 Daniel Spiegel

…left the question open, though, for those on probation. Person-based vs. location-based inquiry Thinking more broadly about the ways in which law enforcement engage with ankle monitor data, it is…

Categories Uncategorized Tags ankle monitoring, electronic monitoring, post-release supervision, probation, search warrants Leave a comment
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