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Tag Archives: search & seizure

Criminal Practice – Search & Seizure – Consent to Search – Alleged Promises – Motion to Suppress – Denial – Written Findings Required (access required)

State v. Neal. (Lawyers Weekly No. 11-07-0345, 20 pp.) (Martha A. Geer, J.) Appealed from Mecklenburg County Superior Court. (Calvin E. Murphy, J.) N.C. App. Click here for the full text of the opinion. Holding: At the hearing on his ...

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Criminal Practice – Search & Seizure – Reasonable Expectation of Privacy – Habitual Felon – Prejudice – Clerical Error (access required)

State v. Eaton. (Lawyers Weekly No. 11-07-0221, 20 pp.) (Donna S. Stroud, J.) Appealed from Rowan County Superior Court. (W. Erwin Spainhour, J.) N.C. App. Click here for the full text of the opinion. Holding: Where the defendant had discarded ...

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Criminal Practice – Search & Seizure – Search Warrants – Supporting Affidavits – Conflicting Statements – Plain View – Gun (access required)

U.S. v. Allen. (Lawyers Weekly No. 11-01-0109, 16 pp.) (King, J.) No. 10-4012, Jan. 21, 2011; USDC at Baltimore (Motz, J.) 4th Cir. Holding: Although one detective’s affidavit said a post-shooting blood trail into an appliance store led to a ...

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Criminal Practice – Search & Seizure – Traffic Stop – Search of Person – Attempt to Swallow Drugs – Exigent Circumstances (access required)

State v. Williams. (Lawyers Weekly No. 11-07-0074, 22 pp.) (Donna S. Stroud, J.) Appealed from Martin County Superior Court. (Quentin T. Sumner, J.) N.C. App. Click here for the full text of the opinion. Holding: Even if defendant hadn’t given ...

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Criminal Practice – Sentencing – Aggravating Factors – Notice From State – Search & Seizure – Standing – Auto Stop – Passenger (access required)

State v. Mackey. (Lawyers Weekly No. 11-07-0022, 15 pp.) (Robert N. Hunter Jr., J.) Appealed from Mecklenburg County Superior Court. (Clifton E. Johnson, J.) N.C. App. Click here for the full text of the opinion. Holding: The state faxed defense ...

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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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