2024 State v. yates 162 n.c. app. 118 2004

State v. yates 162 n.c. app. 118 2004

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WebNov 5, 2013 · Yates, 162 N.C. App. 118, 122, 589 S.E.2d 902, 904 (2004) (internal quotation marks omitted). “This Court has determined that probable cause to search exists when a reasonable person acting in good faith could reasonably believe that a search of the defendant would reveal the controlled substances sought which would aid in his … WebYates, 162 N.C. App. 118, 121 23, 589 S.E.2d 902, 903 05 (2004) (explaining the plain smell exception to the Fourth Amendment by analogy to the wellestablished plain view …

YATES v. JONES NAT. BANK FindLaw

WebYates, 162 N.C. App. 118 (2004) Southern Fire & Casualty Co. v. Kirby's Garage, Inc., 162 N.C. App. 124 (2004) Lee v. Roses, 162 N.C. App. 129 (2004) Jones v. Jones, 162 N.C. … WebOct 6, 2009 · Full text of State v. Corpening, 200 N.C. App. 311 (2009) from the Caselaw Access Project. commercial lakefront properties for sale

Searches of Vehicles and Occupants Based on the Odor of …

WebJul 7, 2009 · Rigsbee, 285 N.C. 708, 713, 208 S.E.2d 656, 660 (1974) (" if the officer is at a place where he has a legal right to be and if the item seized is in plain view[,]" then no unlawful search or seizure has occurred); State v. Yates, 162 N.C.App. 118, 589 S.E.2d 902 (2004) (detailing the " plain smell" rule analogous to the " plain sight" rule). In ... WebFeb 20, 2013 · N.C. Court of Appeals Rules That Affidavit For Search Warrant to Search Residence Failed to Link Residence to Drug Activity That Had Occurred Elsewhere Posted on January 12, 2016 by Bob Farb Last week a three-judge panel of the North Carolina Court of Appeals in State v. WebSep 17, 2024 · Yates, 162 N.C. App. 118, 589 S.E.2d 902 (2004) (finding probable cause to search defendant without a warrant when he smelled of marijuana and exigent … commercial kits

State v. Adams, 867 S.E.2d 427 Casetext Search + Citator

STATE v. YATES (2007) FindLaw

WebNov 17, 2008 · "Our Supreme Court has held the odor of marijuana to be sufficient to establish probable cause to search for the contraband drug in an automobile." State v. Yates, 162 N.C. App. 118, 122, 589 S.E.2d 902, 904 (2004) (citation omitted). Here, defendant does not challenge the trial court's findings of fact. WebMar 2, 2010 · Read State v. Aghaei, 202 N.C. App. 771, see flags on bad law, and search Casetext’s comprehensive legal database ... 358 N.C. 240, 594 S.E.2d 199 (2004). Instead, defendant argues that the State failed to prove that Trooper Ziemba's stop, search, and seizure of defendant was constitutionally permissible and that the trial court erred in ... d shackle clampWebAug 2, 2016 · Nevertheless, the State attempts to justify the search, as did the trial court, based on our holding in State v. Yates, 162 N.C.App. 118 , 589 S.E.2d 902 (2004), where … commercial land for lease in hyderabad

"WebMay 18, 2024 · For you to find the defendant guilty of this offense, the State must prove beyond a reasonable doubt that the defendant knowingly possessed N-Ethylpentylone and that the defendant knew that what he possessed was N-Ethylpentylone. N-Ethylpentylone may be, but you are not required to find that it is, a controlled substance. " - State v. yates 162 n.c. app. 118 2004

State v. yates 162 n.c. app. 118 2004

State v. Morton, 204 N.C. App. 578 (2010) Caselaw Access Project

WebJan 6, 2004 · State v. Yates, 162 N.C. App. 118 (2004) Jan. 6, 2004·North Carolina Court of Appeals·No. COA03-151 162 N.C. App. 118 STATE OF NORTH CAROLINA v. STATE OF … WebYates, 162 N.C. App. 118, 122, 589 S.E.2d 902, 904 (2004) (internal marks and citation omitted). In the context of the motor vehicle exception, [a] police officer in the exercise of his duties may search an automobile without a search warrant when the existing facts and circumstances are sufficient to support a reasonable belief that the ...

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WebSep 27, 2007 · The instructions provided that, “[t]o convict the defendant of the crime of murder in the first degree,” the State must prove five elements beyond a reasonable … WebYates, 162 N.C. App. 118, 122, 589 S.E.2d 902, 904 (2004) (citations omitted). ¶ 27 Here, Deputy Jones detected the strong odor of marijuana when he approached STATE V. ADAMS 2024-NCCOA-72 Opinion of the Court Defendant’s vehicle and when asked, Defendant admitted to possessing marijuana.

WebOct 6, 2009 · We hold that the officer legitimately approached defendant's vehicle and detected the " plain smell" of marijuana as set forth in Yates. See Johnston, 115 N.C.App. at 714, 446 S.E.2d at 137-38; Yates, 162 N.C.App. at 122-23, 589 S.E.2d at 904-05. The " plain smell" of marijuana by the officer provided sufficient probable cause to support a ... WebJan 1, 2004 · 162 N.C. App. 118 (N.C. Ct. App. 2004) 589 S.E.2d 902 Citing Cases State v. Stanley This Court then extended that doctrine in State v. Yatesto establish that the odor …

WebState v. Yates Jan. 6, 2004 162 N.C. App. 118 · North Carolina Court of Appeals · North Carolina. State v. Dawkins Jan. 4, 2005 606 S.E.2d 458 ... 170 N.C. App. 284 · North Carolina Court of Appeals · North Carolina. State v. Rose May 17, 2005 ... WebAug 2, 2016 · Nevertheless, the State attempts to justify the search, as did the trial court, based on our holding in State v. Yates, 162 N.C.App. 118, 589 S.E.2d 902 (2004), where the odor of marijuana on the defendant gave rise to a warrantless search of his person. Id. at 120–21, 589 S.E.2d at 903.

WebStuart v. Bank of Staplehurst, 57 Neb. 570, 78 N. W. 298. A separate answer to the second amended petition was filed on behalf of the defendant Thompson and a joint answer on …

WebJan 6, 2004 · Ricky Lynn Yates (defendant) appeals a judgment dated 27 August 2002 (1) entered consistent with a jury verdict finding him guilty of resisting a public officer, … d shackle catalogue pdfWebAug 9, 2016 · The court distinguished the ruling in State v. Yates, 162 N.C. App. 118 (2004), in which the odor of marijuana on the defendant supported probable cause to search his … commercial land for sale alburyWebApr 26, 2015 · Check Pages 1-4 of PRESERVING APPELLATE ISSUES By Anne M. Gomez Durham, N.C ... in the flip PDF version. PRESERVING APPELLATE ISSUES By Anne M. Gomez Durham, N.C ... was published by on 2015-04-26. Find more similar flip PDFs like PRESERVING APPELLATE ISSUES By Anne M. Gomez Durham, N.C .... Download … d shackle hsn code and gstWebFeb 5, 2013 · Yates, 162 N.C.App. 118, 122, 589 S.E.2d 902, 904 (2004) (citations, quotation marks, and ellipses omitted). In Yates, we held that where the searching officer noticed a strong odor of marijuana about the defendant's person, that officer had probable cause to search the defendant. Id. at 123, 589 S.E.2d at 905. commercial land for sale ayrshireWebThe state court overruled an application to remove, and, a transcript of the record having been filed in the circuit court, on motion the action was by that court remanded to the … d shackle catalogueWebId. at 360, 749 S.E.2d at 284. Nevertheless, the State attempts to justify the search, as did the trial court, based on our holding in State v. Yates, 162 N.C. App. 118, 589 S.E.2d 902 (2004), where the odor of marijuana on the defendant gave rise to a warrantless search of his person. Id. at 120–21, 589 S.E.2d at 903. commercial lakewood coloradoWeban individual is sufficient to justify an immediate warrantless search of that person. State v. Yates, 162 N.C. App. 118, 123, 589 S.E.2d 902, 905 (2004). This Court has also held that 'seeing marijuana constitutes probable cause,' State v. Mitchell, 224 N.C. App. 171, 175, 735 S.E.2d 438, 442 (2012), and that the visual commercial land for sale ann arbor mi