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 […]
Criminal Law
8 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 […]
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 […]
With the advent of the new school year, university and college campuses across North Carolina are humming with activity. For many students, the first interaction with roommates, teachers and course load is exhilarating. Encouraging this sense of euphoria can be the initial light college workload, which doesn’t accumulate when students begin attending classes. While this sense of excitement typically pervades the college atmosphere until the first round of midterms, your college children will do best to fill their free time engaging in activities other than doing drugs. Contrary to popular misconception, individuals convicted for a drug misdemeanor for “just a […]
Looking into your rearview mirror and seeing the flashing red lights of a police officer can make your heart sink. The drawn out process of getting arrested for a DWI will give you plenty of time to consider how this night can affect the rest of your life. Graduate school is an essential step in many young adult’s careers and one night’s mistake shouldn’t have to ruin your future. Unfortunately a DWI can follow you around for a long time so it is important to understand the repercussions and how to better your chances at getting into the graduate school […]