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Articles Tagged with probable cause

Shawn Patrick Ellis created quite a kerfuffle in more ways than one.REASONABLE SUSPICION IN NORTH CAROLINA

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 delivered an opinion addressing the legality of giving someone the middle finger.

Search Warrants are subject to Fourth Amendment protections against unreasonable searches and seizures. Search Warrants

Without “probable cause,” a search is ordinarily deemed “unreasonable” and therefore improper.  As is the case with many legal issues involving criminal charges, there are certain exceptions.

Searches of a home or residence invite additional scrutiny by Courts, given there is a substantial expectation of privacy within “hearth and home.”

Time Out!  What is Probable Cause for NC DWI Cases?

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.

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

“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:

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.

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