Articles Tagged with probable cause

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

Law enforcement officers are not permitted to arrest individuals anywhere they want. Throughout the United States, North Carolina included, there are different jurisdictional restrictions that law enforcement officers face. Local law enforcement are often restricted to making arrests within their own city or county, depending on the specifics of their position and any statutes outlining their jurisdiction. State law enforcement officers, however, generally are able to arrest people and serve outside of one city or county. There are situations in which an officer is permitted to serve outside of his or her jurisdiction, like when actively pursing a suspect. What happens, however, when a law enforcement officer makes an arrest outside of his or her jurisdiction? Can that arrest be suppressed?

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Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?”

It’s something that’s become increasingly common in recent years, signs warning that drivers are under remote surveillance and can be fined for a variety of bad behaviors, including speeding or running red lights. If and when such a fine occurs, most people open their mail and send in a check, quickly dispensing with the issue and avoiding needless hassle. Thankfully, one law professor in Maryland decided to take a different approach and fought his traffic violation. His story, published on Quartz, is an interesting one and raises some serious concerns about the legal validity of the traffic camera system that so many jurisdictions have so warmly embraced.

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Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

When Judge Arnold O. Jones II asked a Wayne County Sheriff’s Deputy to dig around in Jones’ wife’s text message records between her and another man, the deputy didn’t tell him no. The deputy didn’t tell him he would need a warrant for accessing such information. And the deputy definitely didn’t tell Jones that he also worked as a member of an FBI gang task force.

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Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

It has long been the case that police can claim they smell marijuana in order to gain the probable cause needed to search your person, vehicle or other personal property you have with you in states where the substance is still illegal.

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J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

Five years after he was issued two criminal summonses by a New York City police officer for alleged trespassing and disorderly conduct, twenty-four-year-old Sharif L. Stinson is the lead plaintiff in a class action lawsuit against the City of New York alleging that police officers—under the pressure of a Police Department quota system—“have engaged in an illegal pattern and practice of issuing summonses,” according to the New York Times.

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J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”

Sports and celebrity news sites in the United States, Canada and around the world have broadcast the details surrounding the arrest last Friday of professional hockey star Jarret Stoll.

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J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

 

A recent United States Supreme Court has some legal observers complaining that police officers are entitled to mistakes of law, while ordinary citizens are not. The decision underlines, however, the ignorance many citizens have about their own rights under the Fourth Amendment to the Constitution of the United States.

Handcuffs Mecklenburg Criminal Lawyer North Carolina DWI AttorneyAs Maynor Javier Vasquez drove a Ford Escort north a little before eight o’clock in the morning on April 29, 2009, on Interstate 77 in Dobson, North Carolina, Sergeant Matt Darisse of the Surry County Sheriff’s Department—who was observing northbound traffic—thought the Vasquez looked “stiff and nervous.”

Sgt. Darisse pulled out and followed Vasquez, ultimately signaling for him to pull the car over. After he pulled Vasquez over, Sgt. Darisse explained that as long as Vasquez’s license and registration checked out, he would be let off with a warning ticket. Sgt. Darisse had pulled Vasquez over, the officer explained, because one of the brake lights on the Ford Escort was out.

That one shuddered brake light became a pesky issue on the years of appeals that arose out of the encounter that began between Sgt. Darisse and Vasquez. In the end, the North Carolina state appellate courts agreed that the brake-light statute, using the language “a” stop lamp, only requires one working brake light on a motor vehicle.

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