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Tag Archives: Carrying a Concealed Weapon

Criminal Practice – Carrying a Concealed Weapon – Indictment’s Sufficiency – Concealed-Carry Permit – Drinking Alcohol (access required)

State v. Mather Where the magistrate’s order alleged that “the defendant … unlawfully and willfully did carry concealed about the defendant’s person while off the defendant’s own premises a gun, .25 CAL BROWNING PISTOL,” the order was sufficient to charge defendant with a violation of G.S. § 14-269(a1). Where the state’s evidence showed that defendant left his home and entered a bar with a handgun concealed about his person, this evidence corresponds with the essential and material allegations of the magistrate’s order.

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Criminal Practice – Search & Seizure – Warrantless Vehicle Search – Post-Arrest – Carrying a Concealed Weapon – Evidence of Offense (access required)

State v. Mbacke Arresting officers had reason to believe they would find evidence of the offense for which they arrested defendant - carrying a concealed weapon - in the vehicle where the officers found him; therefore, the officers could conduct a warrantless search of the vehicle.

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Criminal Practice – Search & Seizure – Defendant’s Vehicle – Search Incident to Arrest – Concealed Weapon – MAR (access required)

State v. Mbacke. Where defendant had been arrested for carrying a concealed weapon and placed in a patrol car when police searched his vehicle, the search violated defendant's Fourth Amendment rights under Arizona v. Gant, 173 . . .

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Criminal Practice – Search & Seizure – Traffic Stop – Search Incident to Arrest – Carrying a Concealed Weapon (access required)

State v. Foy. (Lawyers Weekly No. 10-07-1232, 8 pp.) (Sanford L. Steelman Jr., J.) Appealed from New Hanover County Superior Court. (Jack Hooks, J.) N.C. App. Click here for the full text of the opinion. Holding: During a traffic stop, ...

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