{"id":59120,"date":"2024-10-17T13:53:07","date_gmt":"2024-10-17T18:53:07","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59120"},"modified":"2024-10-17T13:53:07","modified_gmt":"2024-10-17T18:53:07","slug":"nc-defendant-abandoned-this-real-property","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59120","title":{"rendered":"NC: Defendant abandoned this real property"},"content":{"rendered":"\n

Defendant abandoned this real property. State v. Moore<\/a>, 2024 N.C. App. LEXIS 806 (Oct. 15, 2024).<\/p>\n\n\n\n

Failure to renew a motion to suppress when the evidence is offered is waiver in this state. State v. Rowdy, 2024 N.C. App. LEXIS 799 (Oct. 15, 2024).*<\/p>\n\n\n\n

In executing a warrant for stolen chainsaws, officers can look at all of them to determine which ones are stolen. State v. Rowdy, 2024 N.C. App. LEXIS 799 (Oct. 15, 2024).*<\/p>\n\n\n\n

No exigency shown for initial blood draw without a warrant. \u201cIn Harris’s case, law enforcement ordered the initial blood draw without waiting for a warrant even though the record shows they could have sought the warrant either electronically or by telephone from the scene, there was a judge on call, and the judge who ultimately issued the warrant lived nearby. Indeed, the judge returned the signed warrant a mere twenty-one minutes after law enforcement finally submitted the application. Most important, the State failed to show\u2014or even posit\u2014that the delay in securing the warrant stemmed from some pressing health, safety, or law enforcement need that reasonably took priority over making a timely warrant application. As such, no exigency justified the warrantless blood draw.\u201d State v. Harris<\/a>, 2024 Fla. App. LEXIS 8018 (Fla. 2d DCA Oct. 16, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant abandoned this real property. State v. Moore, 2024 N.C. App. LEXIS 806 (Oct. 15, 2024). Failure to renew a motion to suppress when the evidence is offered is waiver in this state. State v. Rowdy, 2024 N.C. App. LEXIS … Continue reading →<\/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":[48,55,3,65,59],"tags":[],"class_list":["post-59120","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-drug-testing","category-emergency-exigency","category-particularity","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59120","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=59120"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59120\/revisions"}],"predecessor-version":[{"id":59121,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59120\/revisions\/59121"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59120"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59120"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59120"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}