Quantcast
Channel: consent – North Carolina Criminal Law
Browsing latest articles
Browse All 23 View Live

United States Supreme Court Clarifies When Consent to Search by One...

Last week the United States Supreme Court in Fernandez v. California (February 25, 2014) clarified an issue left open in its ruling in Georgia v. Randolph, 547 U.S. 103 (2006): the validity of a...

View Article



The Latest on McNeely and Implied Consent

Here I go again (perhaps on my own) with another update on the state of implied consent after Missouri v. McNeely, __ U.S. __, 133 S. Ct. 1552 (2013). These updates occur more often than...

View Article

May an Officer Assume a False Identity Online in Order to “Friend” a Suspect?

Officers are allowed to misrepresent their identities in the course of their investigations: they may pose as drug buyers, or prostitutes, or members of an organized crime syndicate. Is the same thing...

View Article

What Constitutes Valid Consent When One Co-Occupant Consents and the Other...

Generally, officers may obtain a valid consent to search only from a person whose reasonable expectation of privacy may be invaded by the proposed search. Sometimes two or more people—for example,...

View Article

Whether “No” Means “No” in North Carolina

Attention has fallen on North Carolina for a 1979 court decision on withdrawal of consent during sexual intercourse. In State v. Way, 297 N.C. 293 (1979), the state supreme court held under North...

View Article


Consent to Search under Threat of Search Warrant

To be valid, consent to search must be voluntary. Is consent voluntary when given after an officer thrreatens to obtain a search warrant if consent is withheld? Generally, yes. See State v. Kuegel, 195...

View Article

Scope of Consent to Search a Vehicle

Yesterday, I wrote about a pair of recent cases about weaving within a lane of travel. Today, I want to mention another pair of recent cases related to automobiles. Last month, the court of appeals...

View Article

Can the Police Answer a Seized Cell Phone?

The Ninth Circuit recently decided a case that addresses a question I’ve been asked several times: may the police answer a seized cell phone? The answer may depend on the basis for, and circumstances...

View Article


Race and the Voluntariness of Consent

Is a suspect’s race relevant when determining whether the suspect’s consent to search is voluntary? In a recent case, the court of appeals stated that it may be. State v. Bartlett. The case is State v....

View Article


“No” Will Mean “No” in North Carolina

Two years ago I wrote a blog post about North Carolina’s unusual stance on rape and consent. In its 1979 decision in State v. Way, 297 N.C. 293 (1979), the North Carolina Supreme Court appeared to take...

View Article
Browsing latest articles
Browse All 23 View Live




Latest Images