Charlotte Criminal Lawyer Blog
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.
The accident left two troopers injured as they tried to escape the accident. Willis’ nine-year-old child was thankfully not injured in the accident. Police say when they ran to the car after the accident they were able to detect the smell of alcohol on Willis’ breath and asked him to submit to a breathalyzer test. Willis blew a 0.14 percent BAC, well above North Carolina’s legal limit of 0.08.
Surprisingly, Bynner is the third person to be charged with crimes against nature in North Carolina since March. Just last month, a 21-year-old man from Wake County was arrested and charged with four felony counts of crimes against nature. The man, Seadon Collins Henrich was a volunteer at the Wake County animal shelter and was also charged with three felony counts of disseminating obscenity. Police say Henrich abused several dogs in his care and then took photographs of the incidents.
In a related incident, police also charged Moore with assault for attacking a man. Moore allegedly hit and punched the man with her fist, causing numerous bruises across his face and body. The woman is currently in Cleveland County jail and authorities say they do not believe she has hired a criminal defense attorney.
Friends of the Hahn’s say Broyhill stabbed Jamie after her husband left the room. The husband only returned when he heard screaming and arrived to find Broyhill stabbing his wife repeatedly. Police have only said that the incident was not “domestic-related.” No other possible motive has yet been released though police say they are continuing to investigate the events of that evening.
McNeely attempted to block the blood test from appearing in court, arguing that the results were illegally obtained. Prosecutors claimed that given the time of night and location of the arrest, that a warrant would have been impractical and taken at least two hours to secure. This delay was unacceptable, in their opinion, given that it might allow enough time for alcohol to leave McNeely’s system.