{"id":26432,"date":"2017-03-25T07:03:19","date_gmt":"2017-03-25T12:03:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26432"},"modified":"2017-03-27T09:30:27","modified_gmt":"2017-03-27T14:30:27","slug":"nc-driver-not-free-to-leave-during-questioning-while-officer-holds-his-dl","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26432","title":{"rendered":"NC: Driver not free to leave during questioning while officer holds his DL"},"content":{"rendered":"<p>The officer did not return the defendant\u2019s driver&#8217;s license to him before beginning to question him while in his car in a hotel parking lot. Thus, a reasonable person would not have felt free to leave. Therefore, it was a Fourth Amendment violation and a custodial interrogation and thus the detective should have read defendant his Miranda rights before questioning. <a href=\"https:\/\/appellate.nccourts.org\/opinions\/?c=2&#038;pdf=34504\">State v. Burris<\/a>, 2017 N.C. App. LEXIS 175 (March 21, 2017).<\/p>\n<p>Defendant stayed often with his girlfriend, and her consent to search her place was sufficient and shown to be voluntary. He was not shown to have been detained so he couldn\u2019t have objected to the search. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2017\/2017_02222.htm\">People v. Holley<\/a>, 2017 NY Slip Op 02222, 2017 N.Y. App. Div. LEXIS 2218 (4th Dept. March 24, 2017).* <\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer did not return the defendant\u2019s driver&#8217;s license to him before beginning to question him while in his car in a hotel parking lot. Thus, a reasonable person would not have felt free to leave. Therefore, it was a &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=26432\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,35,69],"tags":[],"class_list":["post-26432","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26432","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26432"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26432\/revisions"}],"predecessor-version":[{"id":26461,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26432\/revisions\/26461"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26432"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26432"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26432"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}