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Mar 5, 2015

Criminal Practice — Search & Seizure – Checkpoint – Reasonableness – Balancing Inquiry

State v. McDonald (Lawyers Weekly No. 15-07-0203, 21 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Hugh Lewis, J.) N.C. App. Holding: Although the trial court found that the primary programmatic purpose of the checkpoint at issue was “To increase police presence in the targeted area while checking for Operator’s License and Vehicle […]

Apr 23, 2014

Criminal Practice – DWI – Driver’s License Checkpoint – Every Car – No Discretion

State v. Farris (Lawyers Weekly No. 14-16-0363, 10 pp.) (Martha Geer, J.) Appealed from Burke County Superior Court (Nathaniel Poovey, J.) N.C. App. Unpub. Holding: Based on the testimony of a state trooper, there was competent evidence to support the trial court’s finding that all the vehicles were stopped at a checkpoint for drivers’ licenses, […]

Nov 12, 2013

Criminal Practice – Confession – Substantial Independent Evidence – Firearm Possession

State v. Cox When a warm, dry gun was found in the cool, wet grass outside the car in which defendant was a passenger, there was substantial independent evidence supporting defendant’s confession to possessing the gun. Under State v. Parker, 315 N.C. 222, 337 S.E.2d 487 (1985), this was sufficient to go to the jury on the charge of possession of a firearm by a felon.

Jun 17, 2011

Criminal Practice – Search & Seizure – DWI – Checkpoint – Motion to Suppress

State v. House Where defendant’s motion to suppress complied with G.S. § 15A-977(a), the parties do not argue that G.S. § 15A-977(b)(2) applies, and the state failed to present any evidence, the state appeared to concede the factual allegations which supported defendant’s motion to suppress evidence gathered as a result of his stop at a DWI checkpoint.

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