Articles Tagged with probable cause

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

One of the many duties of the police is to make routine stops. This, among other reasons, is why an officer can sometimes pull you over. Getting stopped by the police should not be an alarming experience, but sometimes it can escalate into something else.

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

Given the negative consequences and social stigma associated with a driving while impaired charge in North Carolina, many people who have been arrested for DWI wonder, “How can I get my DWI charges dismissed?

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

If you were pulled over and a police officer believes that you were driving under the influence of alcohol, you may be asked to submit to chemical testing to detect the presence of alcohol in your system.

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

Even if you did not commit a crime, talking to police officers during a traffic stop can be a stressful experience. When police suspect that you have committed a crime, they may want to search your vehicle. However, unless your circumstances meets the criteria that allow police to do a warrantless search, law enforcement officers need your permission to search your vehicle.

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

After an arrest, but before an arraignment, there is a period of legal purgatory that can be confusing and stressful for those facing criminal charges. It is during this period of time that an attorney can file a motion requesting a preliminary hearing – or a pre-trial hearing in front of a judge that requires the prosecutor to prove the existence of probable cause.

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

The Court of Appeals for the Sixth Circuit recently ruled on a case challenging parking enforcement practices of putting chalk on a vehicle’s tire so that they can keep track of how long a vehicle has been parked in one spot. The court found that marking the tires was a search under the Fourth Amendment to the United States Constitution. This case started in Saginaw, Michigan.

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

In North Carolina, drivers can be charged with driving while impaired (DWI) if they are under the “influence of an impairing substance,” have a blood alcohol concentration of .08 or more, or are driving with any amount of specific controlled substances in their system. For most people, when they are charged with a DWI, they feel discouraged and like there is no way the situation will end with a positive outcome. Yes, a DWI is a serious offense that law enforcement is adamant about prosecuting it. However, this does not mean that anything that law enforcement does while arresting you or while suspecting you might be impaired is acceptable. Like anyone, law enforcement officers can make mistakes. A mistake by law enforcement could help your case. Police must follow a strict protocol. The following are common mistakes to look out for in a DWI arrest.

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?

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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