Articles Tagged with police

  • Prosecutors may “Orally Dismiss” cases in Open Court
  • District Attorneys (State Prosecutors) may also File Written Notice of Dismissal
  • Clerk of Court required to “record the dismissal”

https://www.youtube.com/watch?v=bpoLLPXhwdE

Is a Warrant Required?  What can be searched during a search warrant?  Are there Differences in Types of Warrants?

  • Search Warrant is a type of Court Order

Attorney Bill Powers discusses:  When Do They Need a Search Warrant in North Carolina?

  • Do I Have Rights?

The North Carolina General Assembly Ratified and Governor Pat McCrory signed New NC Fallen and Disabled First Responder Tuition Law “Senate Bill 37”

  • Ratified Date September 29, 2015
  • Approved October 30, 2015

Question:  “During a Traffic Stop, Do I Have to Consent to Search?”

A local North Carolina Police Department recently posted on YouTube a video regarding Traffic Stops: What to Expect as a Motorist.  There are some important points to consider:

  • Consent to Search a Vehicle Implies Voluntary Compliance

Police Door Search Warrant SWAT
Modified Transcript for “What Is Required To Search?” for the Hearing Impaired:

SEE RELATED: Form and Content of the Search Warrant

NCGS-15A-246-in-2015-compressor
Chapter 15A-246 explains what is required to search, generally speaking, in a North Carolina Search Warrant.  While not an exhaustive list, the North Carolina General Statutes set forth:

Do-You-Consent-to-a-Sniff-Search

By Driving a Car in North Carolina, Do You Consent to a Sniff Search?  Is a Sniff even a Search?  Does the law differ between Vehicles and Persons?

Caselaw Summary For North Carolina v. Warren 

North Carolina Court of Appeals – Publication Date August 4, 2015

Magistrate Videoconferencing

See Judge Miller’s Administrate Order:  Magistrate Videoconferencing

North Carolina General Statute NCGS 20-16.2 “Implied Consent to Chemical Analysis” sets forth some of the different protocols we follow in North Carolina in obtaining a Blood Alcohol Content BAC and/or an BrAC or “Breath Alcohol Content” and reads in relevant part:

§ 20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis.

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