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 […]
Federal Criminal Cases
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 […]
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, […]