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Articles Posted in reasonable suspicion

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

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…

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Things to Look Out for in a DWI Arrest

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…

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Supreme Court Poised To Decide Several Important Criminal Cases

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…

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

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…

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

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…

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

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…

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

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. Absent independent, individualized suspicion…

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