Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Nickens, ___ N.C. App. ___, 821 S.E.2d 864 (Nov. 6, 2018)
The trial court did not err by denying the defendant’s motion to dismiss a charge of second-degree trespass. On appeal the defendant argued that she had implied consent to be on the premises of a DMV office. After the defendant raised her voice and began swearing at a DMV employee, an officer told the defendant to leave, thereby revoking her implied consent to remain.