…that a disproportionate number of those vehicles will be carrying drugs and trying to evade what they think is an upcoming narcotics checkpoint. Officers won’t stop a vehicle just for…
…carrying a greater punishment.” Shea tackled what that means in this prior post, and on page 191 of her new book. This is my last post of the year. Happy…
…policy, North Carolina probation officers are carrying Naloxone kits to respond to probationers and others experiencing a drug overdose. The policy raises questions, including some related to the limited immunity…
…(1962). The third type of reckless driving is limited to commercial motor vehicles carrying oversize or overweight loads. A person who drives such a vehicle carelessly and heedlessly in willful…
…a permissible search incident to arrest. Officers did not need a warrant to carry out the test, and Bernard had no right to refuse search. Thus, the court affirmed Bernard’s…
…to testing. The Court determined that breath tests were a permissible search incident to arrest. Officers do not need a warrant to carry out such a search and defendants have…
…enforcement officer found a pistol in the defendant’s car, which resulted in criminal charges for possession of firearm by a felon and carrying a concealed weapon and the filing of…
…consider some of the real-world situations in which a perpetrator could use an unwitting accomplice, innocent bystander, or even another victim to carry out the essential acts of an offense:…
…pair of “skinny jeans” from Victoria’s Secret while carrying a dead fetus in a shopping bag. Finally, law-abiding holiday shoppers at the Streets of Southpoint in Durham have lost their…
…and post-Sisk is to always re-advise defendants of their implied consent rights before carrying out subsequent testing. But when officers err, Sisk affords the State a new argument against suppression….