Articles Posted in Criminal Defense Technology

Attorney J. Bradley Smith answering the question: “A past conviction is keeping me from finding work what can I do?”

A recent and worrisome trend among some police departments should have criminals deleting their Facebook and Instagram accounts. News out of New York indicates that officers in the NYPD are searching for suspects’ photos on Instagram and Facebook then running them through the departments’ sophisticated new facial recognition system.

Profile Pictures Charlotte North Carolina DUI DWI Criminal Defense Lawyer Attorney.jpgExperts say that detectives have begun cracking cases thanks to the technology that links mug shots with pictures pulled off of various social networking websites. Beyond just social networking sites, the facial recognition unit also combs pictures collected from a vast network of surveillance cameras.

In one recent case, a woman complained about having jewelry stolen by the friend of a friend. She had no idea what the man’s name was, but knew she had seen his picture on Facebook. Police then clicked through the social network until they located the picture of the suspect which they then ran through the facial recognition software, coming up with a mug shot, name and eventually an address.

Police say the new futuristic technology has helped them solve dozens of cases. Now even cases with sketchy information, perhaps even just a nickname, is all they need to snoop around on social media and locate a picture which they can then scan and hopefully find a name.

One good example of how the facial recognition software is being used to solve crimes involves the case of several cab drivers who were held up at gunpoint and robbed in the Bronx. Police said the suspect would call for a ride and then jump in the back seat of the cab and flash a weapon, getting away with large amounts of money. A security camera snapshot from one of the cabs showed the suspect’s face, which was then scanned through the facial recognition software. A match was found in less than an hour, linking the image from the cab to an old mug shot.

Continue reading

Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?”

Many people know that the U.S. Constitution affords criminal defendants the right to confront their accusers. Though that seems clear enough, the North Carolina Supreme Court has recently wrestled with the problem of what to do if the accuser is not a person, but instead a lab test. Does the test speak for itself or do its results require the use of an expert witness?

Lab test Charlotte North Carolina Criminal Defense DUI DWI Lawyer Attorney.jpgThe state Supreme Court issued a ruling on the matter this week and found that such lab tests can stand on their own if cited by an expert witness offering an independent opinion. Other have argued that this conclusion is incorrect and that a lab test should face the same amount of scrutiny that a person would face and that means the analyst who conducted the test should be required to testify at trial.

Some criminal defense experts in North Carolina believe the Confrontation Clause requires that the person who actually handled the steps of conducting the lab test be in court to answer questions about exactly what was done. Only then can the defendant be said to truly have had the right to confront his or her accuser.

The case before the Court involved a traffic stop by Charlotte-Mecklenburg police in 2007 that led to the discovery of what appeared to be cocaine. The defendant, Mario Eduardo Ortiz-Zape, was charged with possessing 4.5 grams of cocaine with the intent to sell or deliver it. The crime lab analyst who tested the cocaine was no longer employed by the agency when the case finally made its way to trial so prosecutors instead called an analyst with the Charlotte-Mecklenburg Police Department crime lab to act as an expert witness and offer her independent opinion about the test.

Continue reading

Attorney J. Bradley Smith answering the question: “If I simply intend to plead guilty, why do I need a lawyer?”

Earlier this week the U.S. Supreme Court handed down an important decision regarding the ability of police officers to take DNA cheek swabs of those arrested but not yet convicted of a crime. The Court said that states are permitted to take these DNA samples, equating them with already commonplace practices such as photographing and fingerprinting.

Prior to the ruling the majority of states already had some form of DNA collection in place. The news by the Court means that the hundreds of thousands of samples in North Carolina’s existing DNA database, started in 1994, will be allowed to continue growing. Though the database has been around for several decades, it wasn’t until 2011 that police agencies across the state were required to start collecting DNA samples from suspects. Mouth Swab Charlotte DUI DWI Criminal Defense Attorney Lawyer.jpg

In the case before the Court, the justices ultimately decided there was little difference between taking a DNA sample from a suspect and taking a fingerprint. The case revolved around a Maryland man who was arrested on assault charges and who had DNA collected which tied him to a rape case from six years earlier. The man appealed, claiming the DNA collection violated his Fourth Amendment rights and a Maryland court overturned his conviction. A 5-4 majority on the Supreme Court disagreed and reinstated the man’s sentence.

Continue reading

Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?”

A recent piece of legislation proposed by state Representative Pricey Harrison would create limits on how law enforcement agencies across the state would be allowed to use unmanned drones. The Bill would only allow the use of drones to help conduct searches and rescues as well as when there is a threat to life, potential serious damage to property, an imminent escape or destruction of evidence.

Security Camera Charlotte NC DUI DWI Criminal Lawyer Attorney.jpgThe bill says that drones could not be used to gather criminal evidence or collect data unless there has been a search warrant issued by a judge. Beyond a valid warrant, the only other exception is in cases whether there is a reasonable suspicion that someone’s life is in danger.

The legislation was prompted by public outcry over reports of civilian police department acquiring drones to patrol the skies. Even more worrying was the lack of oversight for the potentially powerful surveillance tools. Few rules existed about who would control the devices or how they might be used. The bill was meant to try and reassure residents of North Carolina that drones will not be used in ways that violate their civil liberties.

The ACLU has come out in favor of the bill, saying that it’s a good first step to protect residents’ privacy. The ACLU of North Carolina is actively lobbying lawmakers to pass the bill which it says works to safeguard and regulate the use of drones early on before they have had the chance to proliferate across the state.

Continue reading

Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?”

It is tragic to think that there are people in prison in North Carolina today all because courts or police lost or discarded important evidence that could have been used to secure their freedom.

Rape kits, dirty sheets and blood samples are just some of things that have been tossed aside because courts and police officers simply did not know how valuable they would become in the future. As scientific understanding grew by leaps and bounds over the last several decades, evidence that could be used to free innocent suspects has increasingly been discovered to be lost forever.

One especially terrible tale of North Carolina’s criminal evidence storage system is found in the case of Dwayne Dali. Dali was released from prison in 2007 after a nightgown that was part of the rape he had been convicted of was found and DNA tested after years of having been misplaced. While this is great news for Dali, there are potentially dozens or hundreds more who insist they are innocent yet will never be able to prove this because evidence surrounding their crime was either lost or destroyed. Police DNA Charlotte NC DUI DWI Criminal Attorney Lawyer.jpg

The North Carolina Center on Actual Innocence has said it has run across 45 separate instances where DNA testing could definitively settle the issue of a defendant’s guilt or innocence, but the evidence was either lost or destroyed. In 2001, legislators in the state passed a law that laid out which items should be kept in a case and for how long. It also created strict rules for how the destruction should proceed, with all destructions requiring approval by a judge only after defense attorneys and public defenders had been notified.

Continue reading

Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?”

The North Carolina Chapter of the ACLU has announced that it is investigating actions by police departments across the state to purchase sophisticated military technology that it says may be used to spy on citizens. The action was prompted by the Monroe, NC police department’s decision to reveal it would be spending $44,000 to purchase a drone of its own.

The Monroe City Council voted last week to authorize the purchase of a battery-powered mini-drone that contains a rotating infrared camera. The Monroe Police Department insists it will not use the drone to spy on innocent citizens and that it will put detailed procedures in place before the drone is ever used. They say they expect it to be used at crime scenes, in searches or in the case of natural disasters.

Despite these assurances, the ACLU has filed several public records requests with Monroe and other police organization across the state to obtain more information about exactly how such devices will be used. The ACLU has also filed such requests with Mecklenburg County along with 61 other police agencies in the state.

Police Drone Charlotte NC DUI DWI Criminal Lawyer Attorney.jpgThe state ACLU chapter has released a statement expressing its concern over the increasing use of military equipment and technologies by traditional law enforcement agencies. The group says its goal in filing these public records requests is to make sure that these frightening technologies and tactics are not being deployed without considerable oversight and that citizens’ legal rights are still being upheld.

Continue reading

Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?”

News out of several North Carolina counties reveal a big push across the state to create yet another DNA database. Rather than a government database holding DNA evidence for those convicted of violent crimes, this database will be privately operated and exist to hold DNA material from property crimes.

Alamance County, Greensboro, Winston-Salem and Wilmington are among the departments embracing the new plan. A total of at least eight agencies have committed to the program and another 20 North Carolina police departments have expressed an interest.

DNA Vial.jpgThe company involved, DNA:SI Labs, is building a database that is meant to solve petty crimes and property crimes, such as car thefts and home break-ins. Many of these crimes take place across various cities and the hope is that by collecting DNA evidence at several scenes, police officers will be able to link together crimes and have a better chance of catching the perpetrators.

The new database will not change the current DNA collection practices for violent crimes, which will still be sent to the North Carolina State Crime Laboratory and the state Bureau of Investigation. The new system, The Local DNA Index System (LODIS), will also be much more responsive than the existing system. Rather than waiting as long as year to get results, DNA:SI Labs says that it will return results within 30 days of submission. The ability to move fast is important in preventing future crimes.

Continue reading

Contact Information