If you’ve been in District Court in North Carolina, most likely you’ve heard mention of two relatively recent cases that the Courts have been bantering about.
“Have you heard about Townsend? That’s it, there is no such thing as PC in North Carolina. Smell of booze is enough to arrest.” Shortly thereafter someone brings up, “Yes, but what about Overocker? That’s a published decision too, right?”
“Probable cause for an arrest has been defined to be a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty…. To establish probable cause the evidence need not amount to proof of guilt, or even to prima facie evidence of guilt, but it must be such as would actuate a reasonable man acting in good faith.” 5 Am.Jur.2d, Arrest § 44 (1962); State v. Harris, 279 N.C. 307, 182 S.E.2d 364 (1971).
Probable Cause Hearings in North Carolina
Modified Transcript of “Probable Cause to Arrest DWI” for Hearing Impaired:
Carolina Criminal Defense & DUI Lawyer Updates