reasonable suspicion

What Happens When Officers Lose Reasonable Suspicion at a Traffic Stop?

Published on: December 5, 2018 | On behalf of Arnold & Smith, PLLC

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

In most instances, police officers are required to have reasonable suspicion when they conduct a traffic stop. Speeding, swerving in and out of lanes, using a phone while driving, or other traffic violations give an officer reasonable suspicion to pull a car over and investigate what is happening. When an officer conducts a traffic stop, he or she usually asks for your license, registration, and insurance, and then runs your information through their system to check you out. However, what happens if the reason the officer conducted the stop, providing reasonable suspicion, disappears? Can officers still conduct the traffic stop and ask for your license? The North Carolina Court of Appeals recently ruled on this issue and found that yes, an officer can continue the traffic stop even if the cause for the stop disappears.

Things to Look Out for in a DWI Arrest

Published on: November 21, 2018 | On behalf of Arnold & Smith, PLLC

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.

Supreme Court Poised To Decide Several Important Criminal Cases

Published on: October 11, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

The U.S. Supreme Court is poised to have what many legal experts believe will be a blockbuster year, issuing a number of significant decisions. The docket appears packed with controversial and consequential cases. Last year the court was down a member following the death of Justice Scalia and the justices were not eager to accept potentially divisive cases given the odds of a 4-4 split. Now that Justice Gorsuch has been confirmed, the Court has ramped up its workload.

Evidence from an Illegal Stop Can Still Be Used Against You, Says Supreme Court

Published on: August 25, 2016 | On behalf of Arnold & Smith, PLLC

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.

NC Man Gets DWI Conviction Thrown Out: Appeals Court Rules Traffic Stop Was Illegal

Published on: May 10, 2016 | On behalf of Arnold & Smith, PLLC

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

James Lee Johnson was indisputably impaired as he drove to his Hendersonville, North Carolina home one night in February of 2013. He blew a 0.13 on the blood alcohol test the police officer gave him—well above the legal 0.08 limit. The officer testified later that Johnson’s face was red, he was glassy-eyed and his speech was slurred. So how did Johnson just defeat a DWI rap?

Armed ≠ Dangerous for Stop and Frisk by Police, Judge Rules

Published on: April 5, 2016 | On behalf of Arnold & Smith, PLLC

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.

Supreme Court curtails use of drug-sniffing dogs in traffic stops

Published on: April 16, 2015 | On behalf of Arnold & Smith, PLLC

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

Last week the United States Supreme Court held that law-enforcement officers may not prolong traffic-stop investigations in order to allow police canine units to sniff vehicles for drugs.