Articles Tagged with Bill Powers Defense Attorney

Failure to read a search warrant before execution in North Carolina technically violates N.C.G.S. § 15A-252. Suppression of illegally seized evidence due to an improperly served and executed warrant is not necessarily automatic. N.C.G.S. § 15A-974 provides that evidence may be suppressed when the violation is both substantial and causally connected to the evidence obtained. In certain circumstances, North Carolina appellate courts have declined to suppress evidence where the execution defect was minimal, non-willful, or causally severed from the discovery of evidence. The defense must satisfy both prongs independently. Failure on either likely defeats a motion to suppress.

North Carolina Search Warrant Requirements | What Police Should Do Before Searching

Section 15A-252 imposes mandatory pre-search obligations on every officer executing a search warrant in North Carolina. Before undertaking any search or seizure under the warrant, the officer is directed to:

In the realm of criminal law, few constitutional protections are as fundamental as those provided by the Fourth FOURTH-AMENDMENT-RIGHTS Amendment. 

These rights, which safeguard people against unreasonable searches and seizures, are continuously interpreted and refined through court decisions. 

A recent North Carolina Court of Appeals case, State v. Warren Douglas Jackson, offers valuable insights into how these protections apply in real-world scenarios. 

Monroe Drunk Driving LawyersWhat is DWI in NC?  Is it drunk driving?

There is a fair amount of confusion in North Carolina about DWI charges.  The general public may call that type of criminal charge different things like DUI, driving under the influence, driving while intoxicated, and even drunk driving.

Under the NC criminal laws, the offense is simply titled:  Impaired Driving.  It frankly can be a bit complicated, which adds to the level of confusion.  What really matters is how you respond to the charges, not what they’re called.

Charges DismissedWhat is a Conditional Discharge in North Carolina?

In some ways, a conditional discharge is a lot like deferred prosecution.  In fact, many of the same terms and conditions for deferred, such as probation, may apply to a conditional discharge (and eventual charges dismissed).

The primary difference is that the defendant enters a guilty plea as part of conditional discharge, but the court does not enter final judgment.

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