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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 […]
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, […]
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.
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.
Top Legal News
- Cooper allows budget to become law; Medicaid will expand
- Alabama fraternity faces hazing lawsuit
- Judge handling Trump case faces tremendous pressure
- VIDEO: 5 Questions With … Jan E. Pritchett
- Conflicted Appeals Court affirms removal of Superior Court clerk
- NC transgender health case might go to high court
- Murdaugh pleads guilty to financial crimes
- Alabama redistricting case before Supreme Court
- Band leader: ‘Doing my job’ when arrested
- Court orders part of abortion referendum rewritten
- VIDEO: Counsel’s focus firmly set on reproductive rights
- Lawsuit faults Google Maps in deadly crash
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
