Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?” An important decision was handed down by the Supreme Court last week when the justices decided that police officers do not have the authority to stop and hold those who have already left a residence…
Attorney J. Bradley Smith answering the question: “Do I have to perform the field sobriety tests when I’m pulled over for DWI in NC?” The U.S. Supreme Court recently issued a ruling that sides with police dogs after the Florida Supreme Court attempted to impose harsh standards on using drug-sniffing…
A recent case before the U.S. Supreme Court will result in a clarification regarding rules of double jeopardy in the criminal justice system. The case involves a man, Lamar Evans, who was acquitted of burning down a vacant house after the judge presiding over his trial incorrectly required prosecutors to…
The Supreme Court appears to be considering hearing a case this term regarding a law that allows law enforcement to take DNA samples of everyone arrested in the state before the individual has even been convicted of any crime. Something many people in North Carolina may be unaware of is…
The Supreme Court gave word earlier this week that it would hear a case that concerned the power of police officers to give involuntary blood tests to those arrested on suspicion of drunk driving. The case could be an important one given that it will impact the reading of the…
A few months back the Supreme Court heard arguments surrounding two new cases up for review. Both involved the question of just how severe a penalty imposed on a juvenile offender must be before it is declared unconstitutionally cruel and unusual. The first case, Miller v. Alabama, involved a 14-year-old…