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Articles Posted in Fourth amendment rights

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Do North Carolina Police Officers Need a Warrant to Search Your Home?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   If you are familiar with your constitutional rights in the U.S., you probably know that the Fourth Amendment protects you from unreasonable searches and seizures. In other words, police officers must have…

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Evidence from an Illegal Stop Can Still Be Used Against You, Says Supreme Court

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   We previously covered the recent United States Supreme Court ruling in Birchfield v. North Dakota that addressed the legality of blood tests performed on individuals pulled over under suspicion of driving…

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Supreme Court: You Can’t Criminalize DUI Refusal to Submit a Blood Test

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   The United States Supreme Court has had a busy last few weeks when it comes to the Fourth Amendment. Two of its most recent opinions in particular…

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Armed ≠ Dangerous for Stop and Frisk by Police, Judge Rules

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”   The federal appellate court with jurisdiction over North Carolina just ruled in a surprising decision that “armed” does not automatically mean “dangerous” within…

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What are the Most Common Claims that Stem from Police Misconduct?

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”   It’s been two months since a North Carolina Judge declared a mistrial for the police officer who killed Jonathan Ferrell. After four days…

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