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Articles Posted in Fourth Amendment

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Can the Police Search My Car?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   You are driving along and suddenly you see flashing red lights and hear a siren behind you. You are being pulled over by the police. Even if you…

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Do North Carolina Police Officers Need a Warrant to Search Your Home?

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…

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Warrants for Digital Devices in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   As technology advances, so must the law. The problem is that sometimes the law is slow to catch up to technological advances, and it can take even longer for the law to cover…

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Chalking Vehicle Tires is a Fourth Amendment Search

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…

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U.S. Supreme Court to Hear Case on Implied Consent

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   Only a small percentage of cases make their way to the United States Supreme Court. The case of State v. Mitchell is one of the chosen few…

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Court of Appeals Rules on Race and Voluntary Consent of Searches

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   Throughout the country, we often hear a lot of debate about an individual, or his or her property, being subjected to search by law enforcement. The Fourth…

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The Constitutionality of Searches at Courthouses

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   The world that we live in today often requires an extra level of security. The ever-present threat of an individual, or individuals, bringing dangerous weapons to public settings creates the need for…

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Can Out-of-Jurisdiction Arrests be Suppressed?

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…

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Court of Appeals Rules on Satellite-Based Monitoring for Sex Offenders

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   It is unsurprising that the general population is hesitant about having those who have been convicted of sex crimes re-enter society. Therefore, there are a variety and programs that…

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Supreme Court Upholds Privacy Rights in Warrantless Searches

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…

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