license revocation hearing (North Carolina) · Go Syfert
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license revocation hearing in North Carolina

7 North Carolina opinions name it 2 courts 1978–2016 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Hartman v. Robertsongreen
ncctapp · 2010 · cited in 2 North Carolina opinions naming this issue, 2013–2016
2 sentences

2016Consequently, our Court has held that " evidence in a license revocation hearing ... is not subject to the exclusionary rule." Hartman v. Robertson, 208 N.C.App. 692 , 698, 703 S.E.2d 811 , 816 (2010) (citing Quick, 125 N.C.App. at 127 n. 3, 479 S.E.2d at 228-29 ).

2016Consequently, our Court has held that " evidence in a license revocation hearing ... is not subject to the exclusionary rule." Hartman v. Robertson, 208 N.C.App. 692 , 698, 703 S.E.2d 811 , 816 (2010) (citing Quick, 125 N.C.App. at 127 n. 3, 479 S.E.2d at 228-29 ).

22
Quick v. North Carolina Division of Motor Vehiclesgreen
ncctapp · 1997 · cited in 2 North Carolina opinions naming this issue, 2010–2016
2 sentences

2016Consequently, our Court has held that " evidence in a license revocation hearing ... is not subject to the exclusionary rule." Hartman v. Robertson, 208 N.C.App. 692 , 698, 703 S.E.2d 811 , 816 (2010) (citing Quick, 125 N.C.App. at 127 n. 3, 479 S.E.2d at 228-29 ).

2016Consequently, our Court has held that " evidence in a license revocation hearing ... is not subject to the exclusionary rule." Hartman v. Robertson, 208 N.C.App. 692 , 698, 703 S.E.2d 811 , 816 (2010) (citing Quick, 125 N.C.App. at 127 n. 3, 479 S.E.2d at 228-29 ).

12
Brower v. Killensgreen
ncctapp · 1996 · cited in 2 North Carolina opinions naming this issue, 1999–2009
2 sentences

2009We noted that “there is no legal distinction between probable cause to arrest in a criminal proceeding and ‘reasonable ground to believe’ that the accused was driving while impaired in a license revocation hearing.” Id. at 690 , 472 S.E.2d at 37 (citations omitted).

2009We noted that “there is no legal distinction between probable cause to arrest in a criminal proceeding and ‘reasonable ground to believe’ that the accused was driving while impaired in a license revocation hearing.” Id. at 690 , 472 S.E.2d at 37 (citations omitted).

12
United States v. Janisgreen
scotus · 1976 · cited in 1 North Carolina opinions naming this issue, 2010–2010
2 sentences

2010App. at 127 n.3, 479 S.E.2d at 228-29 (declining to apply the exclusionary rule in a license revocation hearing because “[t]he United States Supreme Court has held that the exclusionary rule does not apply in the context of civil proceedings, United States v. Janis, 428 U.S. 433, 459-60 , 49 L.

2010App. at 127 n.3, 479 S.E.2d at 228-29 (declining to apply the exclusionary rule in a license revocation hearing because “[t]he United States Supreme Court has held that the exclusionary rule does not apply in the context of civil proceedings, United States v. Janis, 428 U.S. 433, 459-60 , 49 L.

11
In Re the Revocation of the License of Gardnergreen
ncctapp · 1979 · cited in 1 North Carolina opinions naming this issue, 1996–1996
1 sentence

1996See Gardner, 39 N.C.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Grady v. North Carolina green
scotus · 2015
2 sentences

2016Prior to Grady v. North Carolina, 575 U.S. ----, 135 S.Ct. 1368 , 191 L.Ed.2d 459 (2015), *663 our Court noted this impasse, stating, "unless our Supreme Court holds otherwise the Fourth Amendment's exclusionary rule does not apply in civil proceedings such as driver's license revocation hearings...." Combs v. Robertson, --- N.C.App. ----, ----, 767 S.E.2d 925 (2015).

2016Prior to Grady v. North Carolina, 575 U.S. ----, 135 S.Ct. 1368 , 191 L.Ed.2d 459 (2015), *663 our Court noted this impasse, stating, "unless our Supreme Court holds otherwise the Fourth Amendment's exclusionary rule does not apply in civil proceedings such as driver's license revocation hearings...." Combs v. Robertson, --- N.C.App. ----, ----, 767 S.E.2d 925 (2015).

12016–2016
Elmore v. Lanier green
nc · 1967
2 sentences

1978In Elmore v. Lanier, 270 N.C. 674 , 155 S.E. 2d 114 (1967) the Commissioner of Insurance, acting under the authority of G.S. 58-42, notified plaintiff on 25 January 1967 that it was instituting a proceeding to revoke his license to sell insurance.

1978In Elmore v. Lanier, 270 N.C. 674 , 155 S.E. 2d 114 (1967) the Commissioner of Insurance, acting under the authority of G.S. 58-42, notified plaintiff on 25 January 1967 that it was instituting a proceeding to revoke his license to sell insurance.

11978–1978

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 20-16.2 (5) NC § N.C. Gen. Stat. § 1A-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CO 18 (1971–2018) NY 11 (1983–2025) NM 9 (1993–2023) TX 8 (1997–2015) NC 7 (1978–2016) OH 7 (1982–2008) AK 6 (1999–2022) NV 6 (1998–2017) HI 5 (1995–2026) IL 3 (1979–2018) NE 3 (2000–2009) WV 3 (2010–2023) MO 3 (1999–2006) CT 2 (1991–2000) KS 2 (2006–2006) OK 2 (1989–2012) AZ 2 (1982–1995) WY 2 (1988–2011) MN 2 (1985–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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