Articles Tagged with illegal search and seizure

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

As technology advances, so must the law. The problem is that sometimes the law is slow to catch up to technological advances, and it can take even longer for the law to cover each little nuance that might arise. Digital devices, like cell phones and other electronics, are by no means a new development in technology, but there are advances made every day, and these devices become more and more integral to committing crimes. One problem that often arises is issuing a search warrant for an electronic device and the digital contents contained on the device. Courts are left to make a decision on what the requirements are for issuing a search warrant for a digital device and when they are appropriate.

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.