Search & Seizure

north carolina checkpoints constitutional and legal

NC Checkpoints: Constitutional and Legal?

It might be an inconvenience, but many of us are accustomed to the occasional police checkpoint stop. We might assume the purpose of these stops is purely to catch drivers operating their motor vehicles under the influence, however under North…

Can You Keep a Gun in Your Car in North Carolina?

Criminal Disputes Search & Seizure

Many people carry a gun in their car, whether it is under the seat, in the glove box, or on their person. The laws regarding carrying firearms in a motor vehicle in North Carolina are specific and must be followed…

Traffic Stops and the 4th Amendment

Search & Seizure

The Fourth Amendment guards against unreasonable searches and seizures during multiple circumstances, including traffic stops. According to the Fourth Amendment, necessity of reasonable suspicion for a lawful stop. Additionally, the exclusionary rule may affect evidence gathered without such suspicion. We…

Examining Probable Cause: The Smell of Marijuana and Vehicle Searches in North Carolina

Criminal Disputes Search & Seizure

It has been long established in North Carolina that the smell of marijuana alone gives arresting officers probable cause to search automobiles for marijuana. Important to note, probable cause is defined as follows: “a reasonable ground of suspicion, supported by…

North Carolina Protections Against Evidence Obtained During Warrantless Searches

NC Protections Against Evidence Obtained During Warrantless Searches

Search & Seizure Criminal Disputes

In the United States, the Fourth Amendment of the Constitution guarantees protection against unreasonable searches and seizures. However, there may be circumstances when law enforcement officers conduct searches without obtaining a warrant, raising concerns about potential violations of individuals’ civil…

Search and Seizures

Search & Seizure

During interactions with law enforcement officers, individuals often are concerned with their rights being violated such as their right to privacy during a search or seizure. Most individuals consider their home and personal items to be their private property and…

What Is Reasonable Suspicion?

Search & Seizure

You have heard it used in crime shows such as Law & Order, and maybe you have even experienced it firsthand after being stopped by a police officer. The question remains: what does reasonable suspicion mean? Reasonable suspicion is a…