SCOTUS

U.S. Supreme Court to Hear Case on Implied Consent

Published on: February 13, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

Only a small percentage of cases make their way to the United States Supreme Court. The case of State v. Mitchell is one of the chosen few that will be heard by the justices in the coming term. The case revolves around the issue of implied consent. State v. Mitchell originated in Wisconsin, but its content is not a stranger to North Carolina. The North Carolina Supreme Court heard a case about implied consent in State v. Romano. In Romano, the North Carolina court found that withdrawing blood from an unconscious DWI suspect violated the Fourth Amendment because there was no exigent circumstance.

Another Criminal Court Rules On Case Concerning Drug-Sniffing Dogs

Published on: December 8, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

In 2013, the U.S. Supreme Court heard an important case concerning the use of drug-sniffing dogs. As is often the case following an important Supreme Court ruling, states and lower courts have since struggled with how to implement the new rule and apply it to similar, though not identical, fact patterns.

High court invokes ancient legal principle to throw out man’s social-media conviction

Published on: June 2, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

The United States Supreme Court has thrown out the conviction of a man who prosecutors accused of threatening his wife, coworkers, a kindergarten class and law-enforcement officials in online social-media posts.

Supreme Court curtails use of drug-sniffing dogs in traffic stops

Published on: April 16, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Last week the United States Supreme Court held that law-enforcement officers may not prolong traffic-stop investigations in order to allow police canine units to sniff vehicles for drugs.