Mecklenburg

The Constitutionality of Searches at Courthouses

Published on: September 26, 2018 | On behalf of Arnold & Smith, PLLC

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 buildings to adopt safety procedures to keep everyone safe. Court houses have security at the entrances of the building to stop people from bringing contraband in like guns, weapons, lighters, and other prohibited items. While metal detectors and security guards give off the impression of safety, are they constitutional? The Fourth Amendment to the United States Constitution states that individuals are to be free from unlawful searches and seizures. Are there exceptions to searches and seizure protection?

Can Out-of-Jurisdiction Arrests be Suppressed?

Published on: September 19, 2018 | On behalf of Arnold & Smith, PLLC

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 often restricted to making arrests within their own city or county, depending on the specifics of their position and any statutes outlining their jurisdiction. State law enforcement officers, however, generally are able to arrest people and serve outside of one city or county. There are situations in which an officer is permitted to serve outside of his or her jurisdiction, like when actively pursing a suspect. What happens, however, when a law enforcement officer makes an arrest outside of his or her jurisdiction? Can that arrest be suppressed?

License Revocation as a Consequence of DWI

Published on: September 12, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

Most people in North Carolina rely on their car to get them from one place to another. While there may be public transportation options, rideshare options, or any other type of transportation, for the most part, people get around by car. Imagine being completely dependent on a car to get you to work, school, or even social events. What happens if you suddenly do not have a license anymore? For those individuals who are arrested and/or convicted for driving while impaired (DWI), that is a sobering reality. Often times, after an individual is arrested and charged for a suspected DWI, he or she faces immediate license revocation, even without the conviction. An arrest and/or charge is enough to revoke a license.

When Does a Search Warrant Authorize a Strip Search?

Published on: August 29, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

When law enforcement suspects that a person is in possession of contraband, a stolen item, or some other type of illegal substance/item, they will often obtain a search warrant to find that item. In North Carolina, a search warrant is defined as, “a court order and process directing a law enforcement officer to search designated premises, vehicles, or persons.” This definition gives potential for a location, vehicle, or even persons being subject to a search. Most commonly, search warrants are for places like homes, vehicles, etc. It is not as common for a search warrant to be executed for the search of an individual person.

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

Published on: August 15, 2018 | On behalf of Arnold & Smith, PLLC

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 have been set up to monitor offenders and even keep them out of certain areas, like schools. In North Carolina, there is another option, satellite-based monitoring (SBM). Depending on the level or severity of the sex crime of which a defendant is convicted, in North Carolina there is an SMB program into which some offenders must enter. There has been contention over SMB and when it is a reasonable part of a defendant’s sentence. Issues have arisen regarding whether SMB is a reasonable search that the Fourth Amendment grants. The court of appeals examined these issues in State v. Griffin.

Man Arrested for Voting in North Carolina

Published on: August 1, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

What started as an ordinary traffic stop turned into a felony charge for one North Carolina man. Keith Sellars was driving home from dinner when he was pulled over by a cop for running a red light. While the cop was running Sellars’s license and conducting a background check, it became evident that there was a warrant out for Sellars’s arrest, according to the New York Times.

Supreme Court Upholds Privacy Rights in Warrantless Searches

Published on: July 18, 2018 | On behalf of Arnold & Smith, PLLC

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 and government intrusions. The Fourth Amendment to the United States Constitution grants us this right. The crux of the Fourth Amendment is providing protection from the police, or other governmental institutions, from searching you or your belongings without the proper justification. The American judicial system has a whole host of cases dealing with exactly how far the right to privacy extends.

Boating While Impaired can Have Dire Consequences

Published on: July 11, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

The Charlotte region is blessed with a number of boat worthy lakes including Lake Norman, Lake Wylie, Mountain Island lake and many others. With the warm weather of Summer comes the desire to be outside and boat on lakes, rivers, and the ocean. In addition to enjoying a day out on the water, people like to have a few drinks while doing so. This may seem fun and enjoyable in the moment, but there can be criminal charges that result.

What is a Conditional Discharge?

Published on: July 4, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

Being charged with a crime in North Carolina can be scary. Suddenly, you are facing serious penalties and even a prison sentence that could be devastating to your life. In criminal cases, most people think of a defendant being found “guilty” or “not guilty.” Not guilty is the ideal finding in a criminal case, but that is not always the result. When defendants hear a guilty verdict, they might think that their lives are ruined. In criminal cases in North Carolina, there are some options for a defendant, even after a finding of guilt.

Can I be Removed From the Sex Offender List?

Published on: June 27, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

The North Carolina Sex Offender Registry is a public registry of sex offenders who reside in North Carolina. This list was created to inform the public of the whereabouts of individuals who have committed crimes of a sexual nature. The list is intended to provide safety. The Sex Offender Registration requirements determine what exactly is a reportable crime that requires registration. Residents, nonresident workers, and residential students all must register. The registry is an excellent public safety tool, but requires registration for some crimes that are not heinous. This can have detrimental effects on an individual’s life. However, there are situations in which someone can be removed from the list.