Carolina Criminal Defense & DUI Lawyer UpdatesSearch incident to arrest can be a consequential tool for law enforcement. It comes up in traffic stops, DWI investigations, drug arrests, and other enforcement actions in North Carolina on a daily basis. When a search incident to a lawful arrest takes place, evidence of criminal acts may be properly admitted. When a search exceeds the bounds of law, a Motion to Suppress may prove dispositive.
This article lays out the criminal law in plain terms, with references to the North Carolina and United States Supreme Court cases that matter most when this issue ends up before a judge.