Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?”
In a sad case out of Lincoln County, police say that two men in the area have been arrested and charged with trying to steal a motorcycle from the home of a woman who had just been shot to death.
The Lincoln County Sheriff’s Office says that the two men, Britt Fender and Wesley David Bollinger, were spotted trying to run off with the expensive Harley Davidson that was located inside an outbuilding on the woman’s property. The motorcycle belonged to Terry White, a man who had just been charged with first-degree murder for the death of his wife. Police say they believe the two men knew about the murder and believed the house presented an easy target since no one was around.
Both Fender and Bollinger have since been charged with felony breaking and entering a building, larceny and possession of stolen goods. Authorities say the two are free on a $10,000 secured bond and neither yet has a North Carolina criminal defense attorney.
Under North Carolina General Statutes § 14-54, it is a crime to “break or enter any building.” Plain old breaking or entering is a misdemeanor, but if the crime is committed with the intent to commit larceny or a felony in the building, the offense is a felony. The statute actually defines a “building” as “any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property.” The law says that anyone found to breaks into any building with intent to commit any felony or larceny shall be punished as a Class H felon.
According to North Carolina law, larceny occurs when someone takes the personal property of another person without consent. Felony larceny happens when the value of the property is greater than $1,000 or, as in this case, when larceny is committed during the breaking or entering of a building. The punishment for felony larceny is also a Class H felony according to N.C.G.S § 14-72(a).
Arnold & Smith, PLLC is a Charlotte-based criminal defense, traffic violation defense and civil litigation law firm servicing Charlotte and the surrounding area. If you or someone you know need legal assistance, please contact Arnold & Smith, PLLC today at (704) 370-2828.
“Police: 2 NC men stole motorcycle from crime scene,” by, published at WCNC.com.
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