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Search Results for: open carry

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

August 26, 2025February 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 Search and Seizure Tags ankle monitoring, electronic monitoring, post-release supervision, probation, search warrants Leave a comment

Are Mug Shots Public Records?

October 6, 2017May 22, 2013 Jeff Welty

…divulged and who had already appeared in open court.] Businesses, public access advocates, and some law enforcement agencies, which regularly make mug shots widely available, argue that it helps solve…

Categories Uncategorized Tags booking photographs, frayda, mug shots, public records 12 Comments
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Case Summaries: N.C. Court of Appeals (Sept. 3, 2025)

October 6, 2025September 8, 2025 Shea Denning

…coerce the jury into reading a verdict, and (c) failing to give an Allen charge in open court; and (4) failing to instruct on lesser-included offenses, which did not require…

Categories Case Summaries

Is Entering a Store After Having Been “Trespassed” Chargeable as Felony Breaking or Entering?

February 17, 2016 Alyson Grine

…is generally open to the public during regular business hours like a store, where there may be an innocent purpose such as needing to make a purchase. Suppose a person…

Categories Crimes and Elements, Uncategorized Tags breaking, entering, intent, shoplifting, trespassing 4 Comments
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Probable Cause and the Party at Peaches’ House

January 24, 2018 Shea Denning

…at a vacant house in his neighborhood. Police traveled to the house, where they heard loud music playing inside. They knocked, and someone opened the door to let them in….

Categories Search and Seizure Tags District of Columbia v. Wesby, fourth amendment, innocent explanation, Peaches, probable cause, RBG, totality of the circumstances, United States v. Williams, Wesby, Whren 9 Comments
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Ian Mance (3)
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M. Jeanette Pitts (2)
Alex Phipps (86)
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Jessica Smith (252)
SOG Staff (77)
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Timothy Heinle (1)
Timothy Heinle (6)
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