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Tag Archives: search & seizure

Criminal Practice – Search & Seizure – Search Incident to Arrest – Suppression Motion – Arrest Order – Failure to Appear – Erroneously Issued (access required)

State v. Banner. (Lawyers Weekly No. 10-07-1058, 9 pp.) (Robert N. Hunter Jr., J.) Appealed from Caldwell County Superior Court. (Robert C. Ervin, J.) N.C. App. Click here to read the full text of the opinion. Holding: Although defendant was ...

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Criminal Practice – DWI – Effective Assistance – Evidence – HGN Test – Search & Seizure – Traffic Stop – Reasonable Suspicion (access required)

State v. Brown. Even though defendant's trial counsel failed to object to the admission of a horizontal gaze nystagmus (HGN) test, N.C. R. Evid. 702(a1)(1) permits expert testimony on the results of an HGN test on the issue of impairment.

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Criminal Practice – Search & Seizure – Constructive Possession – Suspected Contraband – Motel Room (access required)

State v. Biber. (Lawyers Weekly No. 10-07-0872, 21 pp.) (Linda M. McGee, J.) (Sanford L. Steelman Jr., J., dissenting) Appealed from Buncombe County Superior Court. (Zoro J. Guice Jr., J.) N.C.App. Holding: Where the trial court found that defendant did ...

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Criminal Practice – Search & Seizure – Car Carrier – Crossing Center & Fog Lines – Reasonable Suspicion – Constructive Possession – Marijuana in Car Trunk (access required)

State v. Hudson. (Lawyers Weekly No. 10-07-0805, 17 pp.) (Cheri Beasley, J.) Appealed from Wilson County Superior Court. (William C. Griffin Jr., J.) N.C. App. Holding: An officer had a reasonable suspicion to stop defendant after the officer followed defendant ...

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Criminal Practice – Search & Seizure – Traffic Stop – Weapons Pat-Down – First Impression – Pill Bottle – Meth (access required)

State v. King. (Lawyers Weekly No. 10-07-0806, 9 pp.) (Cheri Beasley, J.) Appealed from Buncombe County Superior Court. (Richard L. Doughton, J.) N.C. App. Holding: After being pulled over by a police officer, as the officer was approaching defendant’s vehicle, ...

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