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NC: The exclusionary rule does not apply to driver?s license revocation proceedings

By John Wesley Hall, Jr.

The exclusionary rule does not apply to driver’s license revocation proceedings. Hartman v. Robertson, 2010 N.C. App. LEXIS 2422 (December 21, 2010). Where defendant consented to a search of his truck and a concealed weapon was found, Gant did not prohibit a further search of the truck. State v. Foy, 2010 N.C. App. LEXIS 2432 (December 21, 2010).* Officers had reason to stop defendant’s car because the taillight was not lit, so the pretext (Whren) argument became moot. State v. Ford, 2010 N.C. App. LEXIS 2423 (December 21, 2010).* Defendant was asked outside his apartment for his ID, and he told the officers it was in his apartment and the officers should come with him. He motioned for them to come inside. Once inside, they validly saw cocaine in plain view...continue to full post

Full post as published by Fourth Amendment on January 17, 2011 (boomark / email).