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Search Results for: open carry

Important New Opinion on Cell Phone Tracking

October 6, 2017May 7, 2015 Jeff Welty

…her location to the service provider by obtaining and carrying a cell phone. However, the court ruled that the officers acted in good faith in obtaining the defendant’s cell site…

Categories Procedure, Search and Seizure, Uncategorized Tags cell phone tracking, cell site location information, CSLI, davis, eleventh circuit, fourth amendment, stored communications act, tracking 6 Comments
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Is Padilla Retroactive?

October 18, 2017October 4, 2011 Jessica Smith

…a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences.” The Court declined to rule…

Categories Procedure, Uncategorized Tags immigration, ineffective assistance of counsel, padilla, retroactivity 2 Comments

Supreme Court Rules that Anonymous Tip Provides Reasonable Suspicion of Impaired Driving

April 23, 2014 Jeff Welty

…that a young black man in a plaid shirt at a specific bus stop was carrying a gun did not provide reasonable suspicion for a stop and frisk as it…

Categories Search and Seizure, Uncategorized Tags 911 calls, anonymous tips, DWI, fourth amendment, impaired driving, navarette, traffic stops 11 Comments

Drug Users, Drug Sellers, and Probable Cause

October 11, 2016 Jeff Welty

…these cases ultimately rely on the statement in United States v. Harris, 403 U.S. 573 (1971), that “[a]dmissions of crime, like admissions against proprietary interests, carry their own indicia of…

Categories Search and Seizure, Uncategorized Tags against penal interest, court of appeals, fourth amendment, informant, jackson, probable cause, Search and Seizure, search warrant 9 Comments
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Court of Appeals Says Magistrate’s Order Does Not Toll Statute of Limitations

December 7, 2016 Shea Denning

…it a citation or a magistrate’s order? The court of appeals in Turner repeatedly refers to the charging document as a citation. Yet the opening paragraph of the court’s opinion…

Categories Procedure Tags 15-1, 15A-511, magistrate's order, misdemeanor, state v. turner, statute of limitations, warrant for arrest 32 Comments

Fourth Circuit Reverses Graham: No Warrant Required for Historical Cell Site Location Information

June 6, 2016 Jeff Welty

…accept the proposition that cell phone users volunteer to convey their location information simply by choosing to activate and use their cell phones and to carry the devices on their…

Categories Search and Seizure, Uncategorized Tags cell site location information, CSLI, fourth amendment, fourth circuit, graham, Search and Seizure, stored communications act 2 Comments

Military Service as a Mitigating Factor

November 13, 2012November 13, 2012 Jamie Markham

…my mostly comfortable time in the Air Force clearly should not carry the same weight as Mr. Porter’s wartime sacrifice. Judges inevitably do some line drawing about what credit a…

Categories Sentencing, Uncategorized Tags military service, mitigating factors, porter, veterans, veterans day 1 Comment
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Forfeiture of Counsel and “Gray Area” Defendants

November 14, 2012 Jessica Smith

…and is therefore subject to the “competency limitation” described in Edwards. The trial court must make findings of fact to support its determination that the defendant is “unable to carry…

Categories Procedure, Uncategorized Tags competency, cureton, gray area, indiana v. edwards, lane, self-representation 1 Comment
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Traffic Violations You May Not Even Know You Are Committing

March 11, 2015April 29, 2014 Shea Denning

…(November 6, 2012) (unpublished) (defendant stopped based on DMV insurance stop and arrested for carrying a concealed weapon and felony drug crime); State v. Osterhoudt, ___ N.C. App. ___; 731…

Categories Motor Vehicles, Search and Seizure Tags traffic laws, traffic stops, unsafe movement 15 Comments

Jail Credit During a Pending Post-Release Supervision Violation

February 13, 2025 Jamie Markham

…for the new offense is likely to start the day it is imposed. The ensuing PRS revocation will necessarily run concurrently with the new sentence; the Parole Commission will carry…

Categories Sentencing, Uncategorized Tags jail credit, post-release supervision, PRS, Sentencing
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