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Search & Seizure Archives

North Carolina police must follow search and seizure rules

One of the first rights the founders of the United States fought for was freedom from police searches that invaded the privacy of citizens and the sanctity of their homes. While laws now protect residents in North Carolina and across the country from illegal search and seizure, many citizens may not have a clear understanding of what law enforcement may and may not do when they want to search someone's home, car or body. In some cases, police may count on a person's lack of knowledge of their rights in order to overstep their boundaries.

North Carolina search warrant yields drugs, weapons

Search warrants often play a key role in criminal investigations. Those search warrants may be the culmination of many weeks or months of surveillance, or they may come from tips from observant neighbors. The judge who authorizes the search must rely on the affidavit of North Carolina law enforcement before concluding that there is probable cause to sign the warrant. This is where it becomes essential to ensure that the rights of the accused are carefully protected.

Search and seizure of cell phone records may require a warrant

It's no secret that the law struggles to keep up with technology. In fact, in many cases, laws change because individuals file lawsuits that claim their rights have been violated through the unregulated use of technology. North Carolina residents who have concerns about the way law enforcement a at the state and federal levels discover incriminating evidence through technology may be interested in a case before the U.S. Supreme Court that may affect search and seizure laws across the country.

North Carolina couple arrested after neighbors complained

Without question, drug crimes are the scourge of many neighborhoods. Residents who suspect their neighbors are involved in manufacturing or selling drugs are often justified in their concern. However, those accused of committing these crimes have rights that deserve to be protected. A North Carolina couple recently found themselves in the crosshairs of multiple law enforcement agencies after police allegedly received tips from neighbors.

Man settles lawsuit after illegal search and seizure

When police overstep their boundaries, those who pay the consequences often do not know where to turn for help. Sometimes, without proper guidance, they may plead guilty to charges that were filed based on unlawfully obtained evidence. A North Carolina man recently agreed to a settlement following an illegal search and seizure that took place in 2012.

North Carolina man faces felony charges after search and seizure

Few would argue that the recent increase in heroin addiction and overdoses is alarming. Law enforcement agencies in North Carolina make a commendable effort to rid the streets of drugs that threaten the lives of many. However, despite the desperation of the drug epidemic across the country, police must still perform their duties within the confines of the law. These laws protect those suspected of involvement in the drug trade from illegal search and seizure.

North Carolina Text-A-Tip line leads to drug related arrests

When a concerned resident sees something that does not appear to be right, he or she will generally notify the proper authorities. If it is a problem with a fixture in an apartment complex, the proper authority would be the apartment management representative; if it is a problem with a car, the proper authority would be a car mechanic. However, if the problem is suspected illegal activity, the proper authority would be North Carolina law enforcement.

North Carolina mom faces drunk driving charge

On Sunday evenings, most moms are home getting their family ready for the week ahead. Every once in a while, though, a mom gets the opportunity to go out for a little while. When this happens, and a mom is able to socialize with friends at one of their favorite spots in North Carolina, it is still a good idea to have a designated driver. After one begins to drink, it can be difficult to determine if one is legally able to drive home or if one is risking a drunk driving charge – or worse.

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Search & Seizure Archives | Asheville, North Carolina, Criminal Defense Blog