Charlotte Criminal Lawyer Blog
Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?”
A recent piece of legislation proposed by state Representative Pricey Harrison would create limits on how law enforcement agencies across the state would be allowed to use unmanned drones. The Bill would only allow the use of drones to help conduct searches and rescues as well as when there is a threat to life, potential serious damage to property, an imminent escape or destruction of evidence.
The bill says that drones could not be used to gather criminal evidence or collect data unless there has been a search warrant issued by a judge. Beyond a valid warrant, the only other exception is in cases whether there is a reasonable suspicion that someone’s life is in danger.
The legislation was prompted by public outcry over reports of civilian police department acquiring drones to patrol the skies. Even more worrying was the lack of oversight for the potentially powerful surveillance tools. Few rules existed about who would control the devices or how they might be used. The bill was meant to try and reassure residents of North Carolina that drones will not be used in ways that violate their civil liberties.
The ACLU has come out in favor of the bill, saying that it’s a good first step to protect residents’ privacy. The ACLU of North Carolina is actively lobbying lawmakers to pass the bill which it says works to safeguard and regulate the use of drones early on before they have had the chance to proliferate across the state.
Embezzlement is a kind of property crime. It happens when a person, who has been entrusted to manage or monitor someone else’s money or property, steals all or part of that money or property for their own personal gain. The key to charging someone with embezzlement is that the person had legal access to another’s money or property, but not legal ownership of it.
North Carolina law currently leaves the decision of whether to try a child in adult court up to juvenile court judges. The measure has sparked a huge outcry from judges and defense attorneys who say giving prosecutors so much power is a bad move. Many believe that judges are in the best position to weigh not only the best interest of the child, but also the best interest of the community before making such an important decision.
The state ACLU chapter has released a statement expressing its concern over the increasing use of military equipment and technologies by traditional law enforcement agencies. The group says its goal in filing these public records requests is to make sure that these frightening technologies and tactics are not being deployed without considerable oversight and that citizens’ legal rights are still being upheld.
