Articles Tagged with Fourth amendment rights

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 a warrant to search your home, person, and belongings.

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 while impaired. While that decision wasn’t exactly a home run in terms of defendant rights, it was far and away a more solid win than the Court’s decision three (3) days prior in Utah v. Strieff.

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 underline how unpredictable the nation’s highest court’s decisions on search and seizure rights are after the death of Justice Scalia.

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 the context of stop-and-frisk searches by police.

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 of debates, the jury was deadlocked, 7-5 on an initial vote and 8-4 on the succeeding three votes. And when Judge Robert C Ervin asked the jury foreman if further discussions would resolve the dead end, the response was no. Ervin then declared a mistrial.

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