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 […]
Rob’s Law Blog
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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 […]
ROBERT H. HALE JR. Phone: 919-805-3364 Phone: 919-838-0058 Email: [email protected] Attorney Robert Hale received a Bachelor of Arts in Political Science from the University of North Carolina at Chapel Hill in 1990, and also received a law degree from the University of North Carolina at Chapel Hill in May 1994. Mr. Hale was admitted to the North Carolina State Bar and licensed to practice in September 1994. Following law school, Mr. Hale served as a Research and Writing Specialist with the Office of the Federal Public Defender in the Eastern District of North Carolina. Mr. Hale later served as an […]
The federal court system in the United States, applicable to criminal cases arising from North Carolina, has three primary levels. The first is district or trial court level. The second is the United States Court of Appeals for the Fourth Circuit, which reviews decisions made by North Carolina federal district courts. The third is the United States Supreme Court. It reviews decisions made by the Fourth Circuit. The District Courts: In North Carolina, there are three federal districts, the Eastern, Middle, and Western Districts. The three districts operate largely independently from one another. They have their own judges, rules, practices, […]
College is obviously not all fun and games. Like other serious students, you likely have spent many hours studying, researching and completing complicated assignments. While school administrators are obligated to provide a safe and healthy environment for you and your fellow students, there are certain potential dangers inherent to college life that could place you in harm’s way. Many negative risks involve alcohol. Your life may be forever-changed The social aspect of college life is a main attraction for many students. You might have already taken advantage of various opportunities to engage in cultural and community fun at school. It’s no secret […]
The reasons are not always evident why a police officer may want to search your car during a routine traffic stop. It may be that your car or clothing match the description of someone wanted for a crime. It could be the officer thinks you are acting suspiciously even though you may simply be nervous. Or the officer may want to search your car because you are young, and that alone may raise an unreasonable level of mistrust. If a police officer doesn’t have probable cause, he or she needs one of two things to search your vehicle: a warrant […]