Recent Posts
- North Carolina Court of Appeals Addresses ‘Appearing Nervous’ as Constitutional Basis for Search and Seizure of a Vehicle (Part 2 of 2)
- North Carolina Court of Appeals Addresses ‘Appearing Nervous’ as Constitutional Basis for Search and Seizure of a Vehicle (Part 1 of 2)
- In Florida versus Harris US Supreme Court Magnifies the Use of Drug Dogs during Automobile Traffic Stops
- Vermont Supreme Court Upholds Speeding Stop in DUI/Drunk Driving Case
- In Missouri v McNeely the US Supreme Court Addresses Warrantless Blood Draws in DUI/Drunk Driving Cases
- South Carolina Court of Appeals Defines a Legal “Refusal” in DUI/Drunk Driving Cases
- Columbia South Carolina Judge Throws Out Breath Test in DUI/Drunk Driving Case
- Vermont Supreme Court Upholds Speeding Stop in DUI/Drunk Driving Case
- Stiffer DUI/Drunk Driving Law Debated Today in the South Carolina Senate
- New Jersey Supreme Court Issues Latest ‘Investigatory Stop’ Ruling (Part 2 of 2)
Author Archives: Steve
HOLDING: The North Carolina Court of Appeals agreed with the defendant. In the case at bar, there was a very detailed transcript and a DVD recording of the traffic stop. The record in this case sufficiently establishes that the defendant’s … Continue reading
On December 18, 2012, the North Carolina Court of Appeals issued its written opinion in the matter of State vs Nathaniel Canty. The North Carolina Court of Appeals reversed the lower court conviction against Canty for possession of a firearm … Continue reading
FACTS: K-9 Officer William Wheetley, of the Liberty County Florida’s Sheriff’s Office was on routine patrol with Aldo, a German shepherd trained detection dog, June 24, 2006. While on patrol with Aldo Wheetley pulled over the defendant’s truck for an … Continue reading
CASE NAMES: Vermont v Dunham FACTS: Immediately prior to midnight, December 10, 2011 a Vermont state trooper observed a truck, being operated by the defendant Todd Dunham, traveling on a Vermont State highway. As the defendant neared an intersection, and … Continue reading
CASE: Missouri v McNeely – Opinion Number 11-1425, April 17, 2013 FACTS: The respondent McNeely was initially detained by aMissouristate police officer for speeding and crossing the center line in his vehicle. McNeely declined to take a breath test; and afterwards, … Continue reading
CASE NAME: City of Columbia v Cook DATE: March 7, 2013 FACTS: In this South Carolina DUI/drunk driving case, the defendant, through his attorney, filed a pre-trial motion to suppress the result of a breath test given by Cook during … Continue reading
CASE NAMES: Vermont v Dunham FACTS: Immediately prior to midnight, December 10, 2011 a Vermont state trooper observed a truck, being operated by the defendant Todd Dunham, traveling on a Vermont State highway. As the defendant neared an intersection, and … Continue reading
The South Carolina Senate is scheduled today to begin full debate on S.137. S.137 was initially filed last year, but could not garner the necessary votes to make it out of the Senate. The bill was reintroduced this year at … Continue reading
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HOLDING AND DISCUSSION: The New Jersey Supreme Court granted certification and held that the police did not have a reasonable, articulable suspicion of criminal activity to justify the investigatory detention, which was based on nothing more than a non-particularized racial … Continue reading