drug dogs

Can the Police Search My Car?

Published on: May 11, 2022 | On behalf of Arnold & Smith, PLLC

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 are not doing anything wrong, you are likely to feel panicky and scared. When law enforcement pulls you over they will come to your window and ask for your name, your driver’s license, vehicle registration, and proof of insurance. The officer will return to the police car to check your license and will come back to your car to talk to you about the incident. In some cases, the police want to search your vehicle, but should you allow them to do so? Though you may not have anything to hide, you may not feel comfortable with the police checking the inside of your car.

Another Criminal Court Rules On Case Concerning Drug-Sniffing Dogs

Published on: December 8, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

In 2013, the U.S. Supreme Court heard an important case concerning the use of drug-sniffing dogs. As is often the case following an important Supreme Court ruling, states and lower courts have since struggled with how to implement the new rule and apply it to similar, though not identical, fact patterns.

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

Published on: April 16, 2015 | On behalf of Arnold & Smith, PLLC

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.

Criminal traffic rules shaped by justices who have had little contact with traffic, courts

Published on: February 19, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

The United States Supreme Court is comprised of nine judges whose legal educations began at either Harvard or Yale. With the exception of Ruth Bader Ginsburg—who transferred to Columbia University School of Law—all nine obtained their law degrees from Harvard or Yale.

The (alleged) hoity-toity backgrounds of the justices—underscored in a January 22, 2015 Washington Post piece—came into laser focus in oral arguments in Rodriguez v. United States, according to Bloomberg News.

The issue in Rodriguez was whether police can use a dog to sniff for drugs around a vehicle during a routine traffic stop. Harvard Law Professor Noah Feldman, who observed the arguments, suggested the “browbeating… conservatives” and “assist[ing]… liberals” on the court, through their questioning of lawyers for Rodriguez and the United States, revealed their ideological divides.

Those divides—and who the justices are—both Bloomberg and the Post suggested, are important issues that sometimes define and nearly always, at least, inform their decisions.

With respect to traffic stops, at least a few of the justices—unlike many high-profile political leaders who use professional drivers and have not driven a car in decades—actually have experience with roadway traffic. In 2011, Justice Antonin Scalia was cited after rear-ending a vehicle on George Washington Memorial Parkway. Justice Stephen Breyer was hit by a car while biking in 1993, proving he has at least had contact with an automobile.