Yes, police officers can search a car if they say they smell drugs. And, it doesn’t take a dog! First, the US Supreme Court ruled in the 1981 case of New York v. Belton that when an officer has reasonable suspicion that a person is committing a crime, they are legally allowed to search any area within the person’s immediate reach and control. Also, the North Carolina Supreme Court has long held that the smell of marijuana alone is sufficient to provide probable cause for a search. Such a search could be broader than one based on reasonable suspicion, because […]
Robert Hale Jr
6 posts
A conspiracy is defined as two or more people agreeing to commit a crime for the purpose of achieving an illegal goal. It can be seen as an agreement between two or more individuals to cooperate in order to achieve an unlawful end. Conspirators usually have a common goal, such as defrauding the government or engaging in criminal activities, that they plan to achieve by using deception and secrecy. Conspiracies usually involve fraud, bribery, theft, violence, drugs, or other criminal activities. The conspirators often act together to conceal the truth and keep their actions hidden from those who would stop […]
Bankruptcy fraud is a type of white-collar crime of which some might be unaware. It can occur where an individual or organization seeks to gain an unfair advantage from the bankruptcy system by providing false or misleading information. It can include a variety of activities such as concealing assets or income, filing multiple bankruptcies in different states, transferring assets to exempt categories, or claiming expenses or debts that do not exist. One of the most common forms of bankruptcy fraud occurs when individuals attempt to hide assets they do not want to lose during the bankruptcy process. This can include […]
A passenger in a car has the right to challenge the stop of a car in North Carolina, under certain conditions. Generally speaking, in order for a stop to be legally valid and enforceable, it must be based upon a reasonable suspicion that a crime or infraction violation was committed. In the United States, the 4th Amendment of the Constitution guarantees that people have the right to be free from unreasonable searches and seizure. Same or similar provisions are required by the Constitution of North Carolina, and North Carolina General Statutes. Therefore, in North Carolina, if a law enforcement officer […]
In North Carolina, the crime of assault by strangulation is a very serious offense. It is typically classified as a Class H felony and carries with it the potential for significant jail time and fines. The crime of assault by strangulation involves intentionally applying pressure to another person’s throat or neck, resulting in physical injury or psychological injury. In order to convict an individual of assault by strangulation, the prosecution must prove that the defendant knowingly and willfully applied pressure to another person’s throat or neck and that the action was done with the purpose of causing fear or injury. […]
In North Carolina, the consequences of felony convictions are serious. Upon conviction, individuals may face lengthy prison sentences, expensive fines, loss of voting rights, and may find it difficult to obtain housing, secure employment, and obtain financial assistance. Additionally, individuals convicted of felonies may be subject to negative public stigmas which can make social reintegration more difficult. In addition to the criminal penalties associated with a felony conviction, there are also collateral consequences such as the inability to own or possess firearms. Those convicted of certain offenses may also have their driver’s license suspended or revoked. Furthermore, a felony conviction […]