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Articles Tagged with unreasonable search and seizure

Supreme Court Upholds Privacy Rights in Warrantless Searches

Published on: July 18, 2018 | On behalf of Arnold & Smith, PLLC

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

One of the fundamental rights that American citizens have is the right to privacy. We have the right to feel secure in our person and be free from unreasonable searches and seizures and government intrusions. The Fourth Amendment to the United States Constitution grants us this right. The crux of the Fourth Amendment is providing protection from the police, or other governmental institutions, from searching you or your belongings without the proper justification. The American judicial system has a whole host of cases dealing with exactly how far the right to privacy extends.

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.