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
. . .[I]t is nothing less than sheer torture of the English language to suggest that a careful exploration of the outer surfaces of a person’s clothing all over his or her body in an attempt to find weapons is not a ‘search.’ – Terry v. Ohio
Attorney Bill Powers discusses: When Do They Need a Search Warrant in North Carolina?
Modified Transcript for “What Is Required To Search?” for the Hearing Impaired:
SEE RELATED: Form and Content of the Search Warrant
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:
North Carolina Court of Appeals – Publication Date August 4, 2015
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.