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Search Results for: open carry

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Case Summaries: N.C. Court of Appeals (Apr. 6, 2021)

April 8, 2021April 8, 2021 Jonathan Holbrook

…in concert when they opened fire on the occupied vehicle. Although the passenger in the vehicle survived, the court held that the evidence was likewise sufficient to find that the…

Categories Case Summaries, Uncategorized Tags case summaries Leave a comment

A Quarter-Century of Structured Sentencing

October 2, 2019October 1, 2019 Jamie Markham

…ought to go to prison and how much time is enough, fans of good government can applaud a system that gives stakeholders accurate information about the resources needed to carry…

Categories Sentencing, Uncategorized Tags structured sentencing Leave a comment
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Public Service or Obstruction of Justice?

June 19, 2014 Shea Denning

…Ct. App. 1997) (juvenile’s pedaling of his bicycle in front of storefront where police were carrying out undercover drug buy while yelling “cops, cops . . . . watch out,…

Categories Crimes and Elements, Motor Vehicles Tags checkpoints, Resist delay obstruct, roadblocks 8 Comments

When Can the Police Seize a Cell Phone Incident to Arrest, and How Long Can They Keep It?

March 17, 2025 Jeff Welty

…to seize an item that is uncovered during a search incident to arrest (beyond any temporary seizure necessary to carry out the search). At a minimum, if it is immediately…

Categories Search and Seizure, Uncategorized Tags asinor, cell phones, fourth amendment, riley, Search and Seizure, search incident to arrest 8 Comments

Ruse Checkpoints

June 1, 2011 Jeff Welty

…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…

Categories Motor Vehicles, Search and Seizure, Uncategorized Tags checkpoints, decoy, ruse 2 Comments

Most Serious Offense for Consolidation Purposes

October 6, 2017December 18, 2014 Jamie Markham

…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…

Categories Sentencing, Uncategorized Tags consolidation, happy holidays, most serious offense 2 Comments

Probation Officers’ Use of Naloxone and the Good Samaritan Law

October 12, 2017 Jamie Markham

…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…

Categories Uncategorized Leave a comment
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Reckless Driving

June 2, 2011 Shea Denning

…(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…

Categories Crimes and Elements, Motor Vehicles, Uncategorized Tags cope, reckless driving 37 Comments
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Breath Tests Incident to Arrest are Reasonable but Prosecution for Refusing a Blood Test Goes Too Far

June 30, 2016June 29, 2016 Shea Denning

…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…

Categories Motor Vehicles, Search and Seizure Tags Birchfield v. North Dakota, blood test, breath test, DWI, fourth amendment, implied consent 3 Comments
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U.S. Supreme Court Grants Review on Issue of Implied Consent

May 8, 2019January 30, 2019 Shea Denning

…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…

Categories Motor Vehicles, Procedure Tags 20-16.2, Birchfield v. North Dakota, DWI, implied consent, state v. mitchell, State v. Romano, unconscious 2 Comments
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