When can police officers conduct a patdown search, also known as a Terry frisk? The North Carolina Court of Appeals addressed this question in State v. Rowdy, providing insight into the balance between individual rights and law enforcement’s need to protect their personal safety. If you’re facing criminal charges, it’s…
Articles Posted in reasonable suspicion
Reasonable Suspicion: Can you give police the Middle Finger?
Shawn Patrick Ellis created quite a kerfuffle in more ways than one. His defiant middle finger and later refusal to identify himself to law enforcement resulted in a Superior Court criminal conviction for Resisting Officers. On a day focused on NC court closures, continuances, and the Coronavirus, Justice Robin Hudson…
Reasonable Suspicion – Middle Finger to Police
IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA18-817 Filed: 20 August 2019 Stanly County, No. 17CRS700160 STATE OF NORTH CAROLINA v. SHAWN PATRICK ELLIS, Defendant. Appeal by Defendant from judgment entered 13 March 2018 by Judge Karen Eady-Williams in Stanly County Superior Court. Heard in the Court of…
Do You Consent to a Sniff Search?
By Driving a Car in North Carolina, Do You Consent to a Sniff Search? Is a Sniff even a Search? Does the law differ between Vehicles and Persons? Caselaw Summary For North Carolina v. Warren North Carolina Court of Appeals – Publication Date August 4, 2015 Divided…
Reasonable Suspicion To Stop
Modified Transcript of “Reasonable Suspicion To Stop” for Hearing Impaired: . . .By a reasonable and articulable suspicion that the person seized is engaged in criminal activity. Reid v. Georgia, 448 U.S. 438, 440 (1980). Any time I’m analyzing a DUI defense I generally break my assessment into four…