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Articles Posted in Fourth Amendment

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Supreme Court Agrees To Decide Case Concerning Cellphone Privacy

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   As technology improves, it’s all but guaranteed that some enterprising criminal will find new ways to perpetrate crimes. After all, where there’s a will, it won’t be long until there’s a way. Though technological advancement…

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Supreme Court: You Can’t Criminalize DUI Refusal to Submit a Blood Test

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   The United States Supreme Court has had a busy last few weeks when it comes to the Fourth Amendment. Two of its most recent opinions in particular…

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Fourth Circuit Rules Warrant Required For Cell Records

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge   Just last week the Fourth Circuit Court of Appeals tackled a subject that is becoming increasingly important in criminal investigations: cellphone records. Courts across the country often…

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NHL player arrested after pool-party pat down uncovers his cocaine, Molly

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”   Sports and celebrity news sites in the United States, Canada and around the world have broadcast the details surrounding the arrest last Friday of professional hockey star Jarret Stoll. Stoll…

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Ignorance of law, legal rights at issue in North Carolina-related Supreme Court case

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   A recent United States Supreme Court has some legal observers complaining that police officers are entitled to mistakes of law, while ordinary citizens are not. The decision underlines, however, the ignorance many…

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