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

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

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WebThe 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 … 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 …

Volume: N.C. App. volume 162 Caselaw Access Project

Searches of Vehicles and Occupants Based on the Odor of Marijuana

WebFeb 1, 2024 · Yates, 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 Defendant's vehicle and when asked, Defendant admitted to possessing marijuana. WebFeb 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. WebJul 2, 2013 · State v. Johnson, ––– N.C.App. ––––, ––––, 737 S.E.2d 442, 447 (2013) (citing State v. Yates, 162 N.C.App. 118, 122–23, 589 S.E.2d 902, 905 (2004)). Therefore, we determine that even assuming without deciding that defendant's consent to search his vehicle was not valid, such consent was not necessary where there was ... gif editing on instagram

State v. Rivens, 679 S.E.2d 145 Casetext Search + Citator

State v. Smith, 222 N.C. App. 253 (2012) Caselaw Access Project

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, … gif editing programsWebNov 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 … gif edition

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

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

State v. Yates :: 2004 :: North Carolina Court of Appeals …

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 … 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.

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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 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 …

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 … 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 ...

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. WebSTATE OF NORTH CAROLINA v. RICKY LYNN YATES NO. COA03-151 Filed: 6 January 2004 1. Appeal and Error--preservation of issues--failure to object--motion to suppress-motion …

Weban 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

WebApr 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 … gif editing toolsWebJan 1, 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, … gif editing after effectsWebYates, 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. gif edge of my seatWebId. 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. gif editing paint netWebJan 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 … fruit picker headWebOct 6, 2009 · Full text of State v. Corpening, 200 N.C. App. 311 (2009) from the Caselaw Access Project. gif editing requestWebYates, 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. App. 134 (2004) State v. Stiller, 162 N.C. App. 138 (2004) R.B. Cronland Building Supplies, Inc. v. Sneed, 162 N.C. App. 142 (2004) McAllister v. fruit picker head basket