Kansas v. Ventris and the Sixth Amendment
The Supreme Court’s latest criminal law decision is Kansas v. Ventris, available here. The basic holding is that a statement obtained in violation of a defendant’s Sixth Amendment right to counsel may...
View ArticleStick to the Plan (er, Policy)
Before December 1, 2006, GS 20-16.3A set forth requirements governing impaired driving checkpoints but not other types of checking stations and roadblocks. While non-DWI checking stations and...
View ArticleGant and Herring
The Supreme Court (Washington, not Raleigh) has been exceptionally busy with criminal law matters over the last few months. As readers of this blog know, two of the blockbuster decisions this Term have...
View ArticleKnock and Announce
The Fourth Circuit decided an interesting case yesterday. The case is United States v. Young, and the interesting part isn’t just the defendant’s nickname, “DJ Nelly Nell.” The relevant facts are as...
View ArticleWhat’s a Motion to Suppress?
There’s a new batch of opinions from the court of appeals today. One is State v. Reavis, a case that raises a question I’ve been asked several times recently in different contexts: what’s a motion to...
View ArticleCan I Get a Remedy? Suppression of Chemical Analyses in Implied Consent Cases...
Dan Defendant is charged with and arrested for driving while impaired. He is taken to a law enforcement center for administration of a chemical analysis. At 2:00 a.m., the chemical analyst informs Dan...
View ArticleCan I Get Some Relief Here?
That’s what I said to my husband during the breakfast hour this morning, while I was working as a short-order cook and waitress for three rather demanding customers (our children). To his credit, he...
View ArticleFailing to advise a defendant of his implied consent rights requires...
In opinions spanning four decades, North Carolina’s appellate courts have suppressed chemical analysis results in impaired driving cases based on statutory violations related to their administration....
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