probable cause

Law Professor Discusses Concerns Related To Traffic Cameras

Published on: January 24, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?”

It’s something that’s become increasingly common in recent years, signs warning that drivers are under remote surveillance and can be fined for a variety of bad behaviors, including speeding or running red lights. If and when such a fine occurs, most people open their mail and send in a check, quickly dispensing with the issue and avoiding needless hassle. Thankfully, one law professor in Maryland decided to take a different approach and fought his traffic violation. His story, published on Quartz, is an interesting one and raises some serious concerns about the legal validity of the traffic camera system that so many jurisdictions have so warmly embraced.

N.C. Judge Convicted of Bribing a Public Official With Bud Light

Published on: November 3, 2016 | On behalf of Arnold & Smith, PLLC

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

When Judge Arnold O. Jones II asked a Wayne County Sheriff’s Deputy to dig around in Jones’ wife’s text message records between her and another man, the deputy didn’t tell him no. The deputy didn’t tell him he would need a warrant for accessing such information. And the deputy definitely didn’t tell Jones that he also worked as a member of an FBI gang task force.

A Dank Car Alone Does Not Authorize Police to Search Your Person, Says NC Appeals Court

Published on: September 8, 2016 | On behalf of Arnold & Smith, PLLC

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

It has long been the case that police can claim they smell marijuana in order to gain the probable cause needed to search your person, vehicle or other personal property you have with you in states where the substance is still illegal.

Class action challenges alleged police quota system, non-PC criminal summonses

Published on: May 21, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

Five years after he was issued two criminal summonses by a New York City police officer for alleged trespassing and disorderly conduct, twenty-four-year-old Sharif L. Stinson is the lead plaintiff in a class action lawsuit against the City of New York alleging that police officers—under the pressure of a Police Department quota system—“have engaged in an illegal pattern and practice of issuing summonses,” according to the New York Times.

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

Published on: April 7, 2015 | On behalf of Arnold & Smith, PLLC

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.

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

Published on: January 20, 2015 | On behalf of Arnold & Smith, PLLC

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 citizens have about their own rights under the Fourth Amendment to the Constitution of the United States.

As Maynor Javier Vasquez drove a Ford Escort north a little before eight o’clock in the morning on April 29, 2009, on Interstate 77 in Dobson, North Carolina, Sergeant Matt Darisse of the Surry County Sheriff’s Department—who was observing northbound traffic—thought the Vasquez looked “stiff and nervous.”

Sgt. Darisse pulled out and followed Vasquez, ultimately signaling for him to pull the car over. After he pulled Vasquez over, Sgt. Darisse explained that as long as Vasquez’s license and registration checked out, he would be let off with a warning ticket. Sgt. Darisse had pulled Vasquez over, the officer explained, because one of the brake lights on the Ford Escort was out.

That one shuddered brake light became a pesky issue on the years of appeals that arose out of the encounter that began between Sgt. Darisse and Vasquez. In the end, the North Carolina state appellate courts agreed that the brake-light statute, using the language “a” stop lamp, only requires one working brake light on a motor vehicle.