Minick Law, P.C. https://www.minicklaw.com NC DWI Lawyers | NC DWI Center Fri, 03 Jan 2020 17:20:34 +0000 en-US hourly 1 https://wordpress.org/?v=5.3.2 Miranda Rights and DWI https://www.minicklaw.com/miranda-rights-and-dwi/ Thu, 19 Dec 2019 14:43:03 +0000 https://www.minicklaw.com/?p=211618 The post Miranda Rights and DWI appeared first on Minick Law, P.C..

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What if the police didn’t read my Miranda Rights during my DWI Arrest?

Many people are shocked when an officer arrests a person without reading Miranda rights and wonder about the legal impact of the failure to advise Miranda rights.

Generally, a suspect’s oral or written statements that are made after arrest and in response to an officer’s question, are protected by Miranda (i.e. if no rights advisement then the statement itself would be potentially inadmissible in evidence). 

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In North Carolina, officers frequently do not read Miranda rights at the time of a DWI arrest and often a suspect is never advised of Miranda rights during the entire encounter with the police.

In the context of a DWI arrest, the lack of Miranda warnings is not likely to result in a dismissal of charges. Most of the time statements made by a DWI suspect after arrest are not particularly important in the State’s prosecution. The suspect’s statements and field sobriety tests prior to arrest combined with a blood or breath alcohol result may be enough for the State to proceed to trial on a DWI charge.

If there is a question about who was driving the vehicle or whether the suspect has consumed alcohol since driving then the proper advisement of Miranda rights may be important for questions related to these issues asked by police after a DWI arrest.

Talking to an experienced North Carolina DWI attorney can help you determine whether the lack of Miranda advisement can help in attacking your case.

Have more questions about DWIs?

You should spend some time reading through our frequently asked DWI questions page. Since our law firm specializes in DWI cases, we’ve heard almost every question before.

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Should I Get a Lawyer for a DWI? https://www.minicklaw.com/should-i-get-lawyer-dui/ Tue, 17 Dec 2019 16:30:00 +0000 https://www.minicklaw.com/?p=211589 Hello Chloe!!!!

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A DWI charge is a serious charge in North Carolina that carries with it an array of potential consequences including jail, fines, probation, license suspensions, community service, alcohol treatment, alcohol monitoring (i.e. court ordered sobriety), ignition interlock systems for driving, increased insurance rates, career impact on either current or future job opportunities, and lots of added stress.

How can a lawyer help you on your DWI case? Here are just a few ways:

1. As a Legal Guide

An experienced DWI attorney will help you navigate the laws and consequences surrounding your charge. At the end of the day, you are trying to reach the best possible outcome on your case; a lawyer can help you achieve that outcome by giving you the strategy, the game plan for moving forward.

2. With Complete Information

If you have a question about anything related to your case, you need an attorney that has the answers and is responsive. Your lawyer is in the business of providing information.

Ultimately you call all of the shots on your case. Should you plead guilty or take the case to trial? Your choice. Should you switch insurance companies? Your choice. Should you have a continuous alcohol monitoring device installed before court? Your choice.

While you call the shots, your attorney’s job is to explain the options available and the pros and cons of each. To make informed choices about your case, you want an attorney that provides you with the best possible information.

3. With the Driving Consequences

The driving consequences surround a DWI in North Carolina are convoluted and an attorney worth his salt can explain these clearly. An attorney can also help you apply for pre-trial and post-conviction limited driving privileges.

4. Gathering Evidence

Gathering evidence related to your case may be critical to determining whether or not to take your case to trial and deciding what attack points you have in your defense. Obtaining discovery (the sharing of information between the State and the Defendant) is often like pulling teeth in North Carolina.

Your attorney will know how to request and obtain video (from the intoxilyzer room at the jail, the dash camera, and body camera), officer reports, and other forms of evidence that may be necessary for defending your case.

5. During the Trial

If your case goes to trial it is essential to have an experienced DWI trial lawyer defending you to give you the best chance of success.

It’s important to start your journey with an attorney that has trial experience so that you can properly evaluate your best options at each stage of the case. An attorney that has never tried a DWI is going to have a more difficult time advising you on your chances of success at trial as well as helping you prepare for court.

 

Have more questions about DWIs?

You should spend some time reading through our frequently asked DWI questions page. Since our law firm specializes in DWI cases, we’ve heard almost every question before.

The post Should I Get a Lawyer for a DWI? appeared first on Minick Law, P.C..

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When Can You Drive After a DWI? https://www.minicklaw.com/when-can-you-drive-after-dwi/ Tue, 17 Dec 2019 15:45:43 +0000 https://www.minicklaw.com/?p=211575 The post When Can You Drive After a DWI? appeared first on Minick Law, P.C..

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Dealing with the aftermath of a DWI? Here are 7 facts you need to know about when you can drive again:

  1. If a person’s license is revoked for 30 days as a result of a DWI, such a civil revocation can be contested in Court if a notice requesting a hearing on the 30 day revocation is filed within 10 days of the date of the civil revocation taking effect (which is normally the same day as the DWI arrest).
  2. Generally, even if no hearing is requested or is requested and denied by the Court, a person would be eligible for a pretrial limited driving privilege on the tenth day following the charge.
  3. This allows you to drive during the final 20 days of the initial 30 day civil revocation. The privilege expires at the end of the 30 day civil revocation and will no longer be valid after that time.
  4. Driving outside of the times, purposes, and locations allowed in the privilege is equivalent to driving with a revoked license.
  5. A pretrial limited driving privilege is a zero tolerance privilege, meaning that if you are pulled over with any level of alcohol in your system, the privilege may be found to be invalid.
  6. The cost of driving for this 20 day period is $100.00 payable to the clerk of court in the county of the charge.
  7. After 30 days you can and should get your license reinstated, even if you have received a limited driving privilege. The pretrial limited driving privilege is only valid for the final 20 days of the initial 30 day revocation, and it will be necessary to reinstate your license once 30 days has passed.

Have more questions about DWIs? You should spend some time reading through our frequently asked DWI questions page. Since our law firm specializes in DWI cases, we’ve heard almost every question before.

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What are the Consequences of a DWI in North Carolina? https://www.minicklaw.com/dwi-consequences-north-carolina/ Tue, 17 Dec 2019 15:23:15 +0000 https://www.minicklaw.com/?p=211561 The post What are the Consequences of a DWI in North Carolina? appeared first on Minick Law, P.C..

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Our law firm is in the business of providing information to clients. Information is power. Knowing the consequences that can stem from a DWI charge allows for preparation and planning. Living in fear of the consequences of a charge is not helpful.

Moreover, before reading over these consequences, remember that this charge is not going to ruin your life. Understand the consequences so you can plan how to move forward with your life.

DWI Consequences: Jail

As explained in our FAQ on jail time, jail can be a consequence of DWI.

DWI Consequences: Courtroom

Beyond jail time there can be numerous requirements that a judge can require as part of a DWI conviction:

s

Probation

A judge can require a period of probation. Probation can bet either supervised (where a probation officer is involved) or unsupervised (where there is no probation officer involved).

If supervised probation is required, a person convicted of DWI might be required to: have regular meetings with their probation officer, maintain employment, submit to random drug or alcohol screens, and receive no further criminal charges during the period of probation.

s

Community Service

A person convicted with a DWI might be required to complete community service.
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Alcohol Assessment and Treatment

A person convicted of a DWI will be required to complete an alcohol assessment and any recommended treatment.
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Continuous Alcohol Monitoring

A person convicted of a DWI can be required to wear a continuous alcohol monitoring device to detect alcohol if a judge requires a period of sobriety following the judgment.

DWI Consequences: Driving

There are many driving consequences that can arise from a DWI. The length of suspensions related to DWI and the requirements for license reinstatement vary greatly depending on a number of factors, including: prior DWI charges, the blood/breath alcohol concentration (BAC) at the time of the DWI charge, and whether the driver’s license was suspended at the time of the charge.

For first offense DWI cases in North Carolina, a person’s license will be suspended for one year. Most people convicted of their first offense will be able to get a limited driving privilege that will allow them to drive for work, educational, treatment, and religious purposes. The judge may also be able to give driving privileges for household purposes (errand running functions). The time frame of eligibility for this privilege depends on the circumstances of the particular case.

A driving privilege is a paper court order (not a plastic license) and is what allows a person to driving in North Carolina during a period of license suspension. A driving privilege allows for driving for specific purposes during set time frames and a carefully drafted driving privilege is essential for achieving the maximum mobility during a period of license suspension.

DWI Consequences: Employment

Whether or not your job will be impacted by a DWI depends on a myriad of factors. Some employers draw a clear line in the sand when it comes to firing or refusing to hire a person convicted of a DWI (ex. Military, government, jobs that require CDL, jobs that require operating a company vehicle). However, many employers are much more in the gray when it comes to the impact a DWI conviction has when it comes to evaluating potential job applicants.

My advice is that if you are interested in a job, then apply. Don’t screen yourself out of a job because you believe that you are unhirable due to a DWI conviction. You might be surprised how uninterested a potential employer is in your DWI conviction.

Also, many clients ask if they should report a DWI charge or conviction to an employer. I think this depends in a large way on your relationship with your employer/supervisor. If you have a co-worker, manager, or union representative that you feel comfortable sharing this information with to get some guidance that might be advisable. Also, be aware that many larger companies may have requirements for reporting a DWI conviction, so reference your companies employee handbook for reporting requirements if such a handbook is available.

We also frequently get asked if the court or probation officer will report a conviction directly to an employer. In my experience there has generally been no contact of employers by court personnel.

At the end of the day, you know your employer best so use good judgment on if, when, and how to report a DWI to an employer.

DWI Consequences: Education

A DWI can impact your higher education opportunities. However, like most employers, I think most educational institutions are going to view a DWI as one factor among many when evaluating a potential applicant, and not use a bright line model where anyone with a DWI conviction would be rejected. Don’t let a DWI conviction prevent you from applying to college.

For anyone with a scholarship, a DWI conviction can cause the loss of financial aid. Look at the scholarship requirements to determine what if any impact a DWI would have on the ability to keep or reapply for that scholarship.

DWI Consequences: Time

Time is another significant consequence of a DWI charge. A person facing a DWI charge can spend vast amounts of time in court, completing community service, completing alcohol treatment classes, meeting with an attorney, meeting with a probation officer, waiting on others to help with transportation (for those without driving privileges), and anxiously worrying about the many unknowns related to their case.

The best way to minimize the amount of lost time related to your DWI charge is through careful planning and being informed about your case.

DWI Consequences: Money

The financial consequences of a DWI are significant and can include: attorney’s fees, court costs and fines, increases in auto insurance premiums, the cost of obtaining an alcohol assessment and completing any recommended treatment, continuous alcohol monitoring, inpatient treatment, and impact on employment.

Knowing the short term and long term financial impact of a DWI is crucial to making informed decisions about your case.

DWI Consequences: Carrying a Concealed Weapon

If convicted of a DWI a person will lose their ability to obtain a carrying concealed handgun permit for three years.

DWI Consequences: Criminal Record

If you are convicted of a DWI in North Carolina, the conviction remains permanently on both your North Carolina Driving Record and criminal record, under our current laws. If the DWI is dismissed or you are found not guilty, it is possible to remove the DWI from your criminal record if other conditions are satisfied.

Have more questions about DWIs?

You should spend some time reading through our frequently asked DWI questions page. Since our law firm specializes in DWI cases, we’ve heard almost every question before.

 

The post What are the Consequences of a DWI in North Carolina? appeared first on Minick Law, P.C..

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DUI in NC https://www.minicklaw.com/dui-in-nc/ Tue, 10 Dec 2019 18:46:11 +0000 https://www.minicklaw.com/?p=211479 If you’ve received a DUI in NC, chances are we’ve heard your questions before. Here’s a list of the top # questions our lawyers get asked.

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DUI in NC? Here are the top # questions our lawyers are asked.

The following is a collection of frequently asked questions that many of our clients asked regarding a Driving While Impaired (DWI) charge. Although this is a large list, it is by no means a definitive list of all questions regarding a DWI charge. If you have been charged with a DWI, don’t hesitate to contact us for a free consultation on your DWI charge.

Chapter One

Will I Go to Jail if I am Convicted of a DWI in North Carolina?

While jail time is a possibility for any person convicted of a DWI, the realistic likelihood of jail time depends on a whole number of different factors. The vast majority of people charged with their first DWI are not sentenced to do any active jail time. Jail time is more likely for a person with prior DWI’s, a child in the car, an accident which causes injury to another person, or driving on a license which is suspended for a DWI.

We realize that a possible jail sentence looming over our clients head can cause lost sleep and a lot of anxiety so we try to address the likelihood of any jail time resulting from a DWI in our initial consultation.

What are the Consequences of a DWI in North Carolina?

Our law firm is in the business of providing information to clients. Information is power. Knowing the consequences that can stem from a DWI charge allows for preparation and planning. Living in fear of the consequences of a charge is not helpful.

Moreover, before reading over these consequences, remember that this charge is not going to ruin your life. Understand the consequences so you can plan how to move forward with your life.

DWI Consequences: Jail

As explained in our FAQ on jail time, jail can be a consequence of DWI.

 

DWI Consequences: Courtroom

Beyond jail time there can be numerous requirements that a judge can require as part of a DWI conviction:

s

Probation

A judge can require a period of probation. Probation can bet either supervised (where a probation officer is involved) or unsupervised (where there is no probation officer involved).

If supervised probation is required, a person convicted of DWI might be required to: have regular meetings with their probation officer, maintain employment, submit to random drug or alcohol screens, and receive no further criminal charges during the period of probation.

s

Community Service

A person convicted with a DWI might be required to complete community service.
s

Alcohol Assessment and Treatment

A person convicted of a DWI will be required to complete an alcohol assessment and any recommended treatment.
s

Continuous Alcohol Monitoring

A person convicted of a DWI can be required to wear a continuous alcohol monitoring device to detect alcohol if a judge requires a period of sobriety following the judgment.

DWI Consequences: Driving

There are many driving consequences that can arise from a DWI. The length of suspensions related to DWI and the requirements for license reinstatement vary greatly depending on a number of factors, including: prior DWI charges, the blood/breath alcohol concentration (BAC) at the time of the DWI charge, and whether the driver’s license was suspended at the time of the charge.

For first offense DWI cases in North Carolina, a person’s license will be suspended for one year. Most people convicted of their first offense will be able to get a limited driving privilege that will allow them to drive for work, educational, treatment, and religious purposes. The judge may also be able to give driving privileges for household purposes (errand running functions). The time frame of eligibility for this privilege depends on the circumstances of the particular case.

A driving privilege is a paper court order (not a plastic license) and is what allows a person to driving in North Carolina during a period of license suspension. A driving privilege allows for driving for specific purposes during set time frames and a carefully drafted driving privilege is essential for achieving the maximum mobility during a period of license suspension.

 

DWI Consequences: Employment

Whether or not your job will be impacted by a DWI depends on a myriad of factors. Some employers draw a clear line in the sand when it comes to firing or refusing to hire a person convicted of a DWI (ex. Military, government, jobs that require CDL, jobs that require operating a company vehicle). However, many employers are much more in the gray when it comes to the impact a DWI conviction has when it comes to evaluating potential job applicants.

My advice is that if you are interested in a job, then apply. Don’t screen yourself out of a job because you believe that you are unhirable due to a DWI conviction. You might be surprised how uninterested a potential employer is in your DWI conviction.

Also, many clients ask if they should report a DWI charge or conviction to an employer. I think this depends in a large way on your relationship with your employer/supervisor. If you have a co-worker, manager, or union representative that you feel comfortable sharing this information with to get some guidance that might be advisable. Also, be aware that many larger companies may have requirements for reporting a DWI conviction, so reference your companies employee handbook for reporting requirements if such a handbook is available.

We also frequently get asked if the court or probation officer will report a conviction directly to an employer. In my experience there has generally been no contact of employers by court personnel.

At the end of the day, you know your employer best so use good judgment on if, when, and how to report a DWI to an employer.

DWI Consequences: Education

A DWI can impact your higher education opportunities. However, like most employers, I think most educational institutions are going to view a DWI as one factor among many when evaluating a potential applicant, and not use a bright line model where anyone with a DWI conviction would be rejected. Don’t let a DWI conviction prevent you from applying to college.

For anyone with a scholarship, a DWI conviction can cause the loss of financial aid. Look at the scholarship requirements to determine what if any impact a DWI would have on the ability to keep or reapply for that scholarship.

DWI Consequences: Time

Time is another significant consequence of a DWI charge. A person facing a DWI charge can spend vast amounts of time in court, completing community service, completing alcohol treatment classes, meeting with an attorney, meeting with a probation officer, waiting on others to help with transportation (for those without driving privileges), and anxiously worrying about the many unknowns related to their case.

The best way to minimize the amount of lost time related to your DWI charge is through careful planning and being informed about your case.

DWI Consequences: Money

The financial consequences of a DWI are significant and can include: attorney’s fees, court costs and fines, increases in auto insurance premiums, the cost of obtaining an alcohol assessment and completing any recommended treatment, continuous alcohol monitoring, inpatient treatment, and impact on employment.

Knowing the short term and long term financial impact of a DWI is crucial to making informed decisions about your case.

DWI Consequences: Carrying a Concealed Weapon

If convicted of a DWI a person will lose their ability to obtain a carrying concealed handgun permit for three years.

DWI Consequences: Criminal Record

If you are convicted of a DWI in North Carolina, the conviction remains permanently on both your North Carolina Driving Record and criminal record, under our current laws. If the DWI is dismissed or you are found not guilty, it is possible to remove the DWI from your criminal record if other conditions are satisfied. 

When Can I Drive After a DWI?

Dealing with the aftermath of a DWI? Here are 7 facts you need to know about when you can drive again:

  1. If a person’s license is revoked for 30 days as a result of a DWI, such a civil revocation can be contested in Court if a notice requesting a hearing on the 30 day revocation is filed within 10 days of the date of the civil revocation taking effect (which is normally the same day as the DWI arrest).
  2. Generally, even if no hearing is requested or is requested and denied by the Court, a person would be eligible for a pretrial limited driving privilege on the tenth day following the charge.
  3. This allows you to drive during the final 20 days of the initial 30 day civil revocation. The privilege expires at the end of the 30 day civil revocation and will no longer be valid after that time.
  4. Driving outside of the times, purposes, and locations allowed in the privilege is equivalent to driving with a revoked license.
  5. A pretrial limited driving privilege is a zero tolerance privilege, meaning that if you are pulled over with any level of alcohol in your system, the privilege may be found to be invalid.
  6. The cost of driving for this 20 day period is $100.00 payable to the clerk of court in the county of the charge.
  7. After 30 days you can and should get your license reinstated, even if you have received a limited driving privilege. The pretrial limited driving privilege is only valid for the final 20 days of the initial 30 day revocation, and it will be necessary to reinstate your license once 30 days has passed.

Should I Get a Lawyer for a DUI?

A DWI charge is a serious charge in North Carolina that carries with it an array of potential consequences including jail, fines, probation, license suspensions, community service, alcohol treatment, alcohol monitoring (i.e. court ordered sobriety), ignition interlock systems for driving, increased insurance rates, career impact on either current or future job opportunities, and lots of added stress.

How can a lawyer help you on your DWI case? Here are just a few ways:

  1. As a Legal Guide – an experienced DWI attorney will help you navigate the laws and consequences surrounding your charge. At the end of the day, you are trying to reach the best possible outcome on your case; a lawyer can help you achieve that outcome by giving you the strategy, the game plan for moving forward.
  2. With Complete Information – if you have a question about anything related to your case, you need an attorney that has the answers and is responsive. Your lawyer is in the business of providing information. Ultimately you call all of the shots on your case. Should you plead guilty or take the case to trial? Your choice. Should you switch insurance companies? Your choice. Should you have a continuous alcohol monitoring device installed before court? Your choice. While you call the shots, your attorney’s job is to explain the options available and the pros and cons of each. To make informed choices about your case, you want an attorney that provides you with the best possible information.
  3. With the Driving Consequences – the driving consequences surround a DWI in North Carolina are convoluted and an attorney worth his salt can explain these clearly. An attorney can also help you apply for pre-trial and post-conviction limited driving privileges.
  4. Gathering Evidence – gathering evidence related to your case may be critical to determining whether or not to take your case to trial and deciding what attack points you have in your defense. Obtaining discovery (the sharing of information between the State and the Defendant) is often like pulling teeth in North Carolina. Your attorney will know how to request and obtain video (from the intoxilyzer room at the jail, the dash camera, and body camera), officer reports, and other forms of evidence that may be necessary for defending your case.
  5. During the Trial – if your case goes to trial it is essential to have an experienced DWI trial lawyer defending you to give you the best chance of success. It’s important to start your journey with an attorney that has trial experience so that you can properly evaluate your best options at each stage of the case. An attorney that has never tried a DWI is going to have a more difficult time advising you on your chances of success at trial as well as helping you prepare for court.

Should I have been read my Miranda Rights during my DWI Arrest?

Many people are shocked when an officer arrests a person without reading Miranda rights and wonder about the legal impact of the failure to advise Miranda rights.

Generally, a suspect’s oral or written statements that are made after arrest and in response to an officer’s question, are protected by Miranda (i.e. if no rights advisement then the statement itself would be potentially inadmissible in evidence).

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In North Carolina, officers frequently do not read Miranda rights at the time of a DWI arrest and often a suspect is never advised of Miranda rights during the entire encounter with the police.

In the context of a DWI arrest, the lack of Miranda warnings is not likely to result in a dismissal of charges. Most of the time statements made by a DWI suspect after arrest are not particularly important in the State’s prosecution. The suspect’s statements and field sobriety tests prior to arrest combined with a blood or breath alcohol result may be enough for the State to proceed to trial on a DWI charge.

If there is a question about who was driving the vehicle or whether the suspect has consumed alcohol since driving then the proper advisement of Miranda rights may be important for questions related to these issues asked by police after a DWI arrest.

Chapter Six

What is the Difference Between DUI and DWI in North Carolina?

Driving Under the Influence (DUI) and Driving While Impaired (DWI) are effectively synonymous terms in North Carolina. While some states have separate charges for both DUI and DWI, in North Carolina the officially terminology is Driving While Impaired and in state court there is no such thing as a DUI charge. If you are charged on federal land or in the National Park in North Carolina then you may be charged federally with DUI.

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Mitchell v. Wisconsin – Supreme Court Analyzes Exigency in the Context of an Unconscious DWI Suspect https://www.minicklaw.com/mitchell-v-wisconsin/ Fri, 05 Jul 2019 22:43:02 +0000 https://www.minicklaw.com/?p=211195 The post Mitchell v. Wisconsin – Supreme Court Analyzes Exigency in the Context of an Unconscious DWI Suspect appeared first on Minick Law, P.C..

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Last week, the Supreme Court of the United States decided Mitchell v. Wisconsin. In this opinion the Court held that cases involving an unconscious driver “almost always permits a blood test without a warrant” under the exigent circumstances exception to the warrant requirement. Mitchell v. Wisconsin, ____ U.S. ____ (2019) (emphasis added).

The key to this holding is the word “almost.”

Mitchell does not reverse the Court’s prior ruling that there is no per se exception to the warrant requirement based on exigent circumstances. Missouri v. McNeely, 569 U.S. 141, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (2013). In North Carolina, the Court’s ruling in Mitchell, must be viewed in light of State v. Romano, which specifically outlines when exigency does not exist despite the driver being unconscious. Id. 800 S.E.2d 644 (N.C. 2017).

Mitchell v. Wisconsin in Light of Missouri v. McNeely

In McNeely, the Court found that there is no per se exception to the warrant requirement simply due to the fact that alcohol is dissipating from a person’s system. McNeely, 133 S. Ct. at 1563 (“while the natural dissipation of alcohol in the blood may support a finding of exigency in a specific case . . . it does not do so categorically. Whether a warrantless blood test of a drunk-driving suspect is reasonable must be determined case by case based on the totality of the circumstances.”)

At the end of the day, the only piece Mitchell adds to the exigency analysis puzzle is that a suspect’s unconscious state should be a strong factor in determining whether exigency exists.

Justice Thomas jabs at the holding of the majority in his concurrence by pointing out that their ruling ridiculously states: “exigent circumstances are generally present when police encounter a person suspected of drunk driving—except when they aren’t.” Mitchell, ____ U.S. ____ (Thomas, J. Concurring).

Mitchell v. Wisconsin in Light of Birchfield v. North Dakota

Not long before it’s ruling in Mitchell, the Supreme Court addressed the situation of an unconscious person suspected of driving impaired.

“It is true that a blood test, unlike a breath test, may be administered to a person who is unconscious (perhaps as a result of a crash) or who is unable to do what is needed to take a breath test due to profound intoxication or injuries. But we have no reason to believe that such situations are common in drunk-driving arrests, and when they arise, the police may apply for a warrant if need be.Birchfield v. North Dakota, 579 U.S. ___, 136 S. Ct. 2160, 2184-85, 195 L. Ed. 2d 560 (2016) (emphasis added).

Mitchell v. Wisconsin in Light of State v. Romano

Exigent circumstances as applied in a case involving an unconscious person have already been applied in North Carolina. In finding no exigency existed despite the fact that the Defendant was unconscious the North Carolina Supreme Court noted the following important facts:

 

  1. Multiple officers were present to assist in the investigation.
  2. An officer could have left the hospital to drive to the magistrate’s office which was only a few miles away.
  3. The charging officer was familiar with the warrant process and knew that it involved fill-in-the-blank forms that are not time-consuming.
  4. Magistrates were on duty and available during the relevant time period.

Romano, 800 S.E.2d at 646. The N.C. Supreme Court noted that despite the fact that the Defendant was unconscious “there is no dispute that the officer did not get a warrant and that there were no exigent circumstances.” Id. at 653.

Implied Consent: Mitchell and Romano

Mitchell also points out, as have many Supreme Court decisions, the validity and importance of implied consent laws. However, by applying the exigent circumstances exception in its holding as opposed to implied consent, the U.S. Supreme Court’s holding in Mitchell does not meaningfully add anything to its prior holdings regarding implied consent.

Romano specifically addresses North Carolina’s implied consent law.

“Whether a consent to a search was in fact voluntary is a question of fact to be determined from the totality of all the circumstances. Further, the State has the burden to prove that consent was, in fact, freely and voluntarily given. Consent is not voluntary if it is the product of duress or coercion, express or implied. A court’s decision regarding whether a suspect’s consent was voluntary is based on a careful scrutiny of all the surrounding circumstance and does not turn on the presence or absence of a single controlling criterion. The standard for measuring the scope of a suspect’s consent under the Fourth Amendment is that of objective reasonableness.” Id. at 652-53 (internal citations and quotations omitted).

“To be sure, the implied-consent statute, as well as a person’s decision to drive on public roads, are factors to consider when analyzing whether a suspect has consent to a blood draw, but the statute does not create a per se exception to the warrant requirement.” Id. at 653.

Conclusion

Mitchell’s holding reinstates that exigent circumstances is a case by case determination but that a person’s unconsciousness is a factor that weighs in favor of a finding of exigency.

 

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Understanding the Definition of a DWI in North Carolina https://www.minicklaw.com/definition-dwi-north-carolina/ Thu, 27 Jun 2019 17:51:05 +0000 https://www.minicklaw.com/?p=211176 The post Understanding the Definition of a DWI in North Carolina appeared first on Minick Law, P.C..

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North Carolina’s DWI Law defines a DWI offense as driving a vehicle on a public highway while impaired. For an offender to be considered impaired by alcohol, he must have a blood alcohol content of 0.08% or higher. The law sounds deceptively straightforward.

However, there’s a bit more to it than simply the definition. What exactly counts as “driving”? And what counts as a vehicle? And very importantly, what areas are considered public highways?

The answers may surprise you.

What’s the Definition of Driving for a North Carolina DWI?

To be proven guilty of a DWI in North Carolina, under N.C. Gen. Stat. § 20-138.1, the State must show all the elements of the charge, including the fact that the Defendant was driving. Although this seems pretty straight forward, an individual can be guilty of driving when the car is not in motion, in park, or if the individual is not currently in the driver’s seat.

Definition of a Driver in NC

Under N.C. Gen. Stat. § 20-4.01(7) and (25), a driver/operator is defined as a person in actual physical control of a vehicle which is in motion or which has the engine running. The terms “operator” and “driver” are interchangeable. From this definition, the various potential situations for an individual to be charged for DWI start to become more clear. Generally, an individual can be considered to be driving a vehicle as long as they are in the driver’s seat and the engine is running.

Relevant DWI Cases in NC

From the definition of a driver under N.C. Gen. Stat. § 20-4.01(7) and (25), courts have decided in many cases what constitutes a driver. Here are several examples:

In State v. Mabe, 85 N.C. App. 500 (1987), the court determined that an individual was the driver of a parked car because he was in the driver’s seat and had turned off the engine himself.

In State v. Crawford, 125 N.C. App. 279 (1997), the court determined that there was enough evidence to show that the individual charged was the driver based off the facts that he was the only passenger in the car, the car was parked, the engine was off but still warm, and the individual was semi-conscious from drinking too much.

In State v. Fields, 77 N.C. App. 404 (1985), the court determined that the Defendant was the driver since he was found sitting in the driver’s seat of a motionless car with the engine running. Although the defendant argued that his friend was driving and he had only turned on the car for heat, the court found that he was in sufficient control of the car to be considered the driver/operator and therefore was guilty.

In State v. Clapp, 135 N.C. App. 52 (1999), it was determined that the Defendant was considered the driver of the vehicle, even though the vehicle was broken and did not function, since the vehicle was moving at the time of the charge.

From these examples, it is easy to see that an individual can be considered a driver without actually having driven anywhere. As such, it is important to know what your options are if you are facing a DWI. If you have been charged with a DWI, don’t hesitate to Contact Us at Minick Law for a free consultation about your case.

What Counts as a Vehicle for a North Carolina DWI?

In general, being charged with Driving While Intoxicated (DWI) means that a person has been caught driving a car while intoxicated. However, under North Carolina law, a person can be charged with a DWI, even if they are not necessarily driving a car.

Definition of a Vehicle

In order to convict a person of DWI, the State must prove that person was driving a vehicle while intoxicated. At a glance, the word vehicle is difficult to define since it could mean any number of things, ranging from a car to a spaceship. To solve this problem, under N.C. General Statute § 20-4.01(49), a vehicle is defined as anything that can be used to transport a person or property, on a public highway. N.C. General Statute § 20-4.01(49) also states that a bicycle is considered to be a vehicle when used on a public highway because a bicycle rider must follow all the same laws of the road as a car. Additionally, a moped is considered a vehicle if it has two or three wheels, no external shifting device, a engine no larger then 50 cubic centimeters, and a max speed of less then 30 miles per hour.

Exceptions to the Definition of a Vehicle

There are also various exceptions to this law.  Exclusions explicitly stated are: anything that is human powered, used exclusively on fixed rails or tracks, or any motorized personal scooter that travels less then 15 miles per hour. Generally, the following are also examples of things that are excluded from the definition of a vehicle:

  • Wheelbarrows
  • Trains and trolleys
  • Motorized scooters for medical impairments (Max speed of less then 15 mph)
  • Motorized wheelchairs
  • Rollerblades
  • Skateboards

Prior Cases Regarding Vehicles

There have been a wide range of cases in North Carolina regarding what constitutes a vehicle for the purposes of a DWI. In State v. Green, 251 N.C. 141 (1959), it was determined that a tractor used for farming qualified as a vehicle for a DWI charge. In State v. Crow, 175 N.C. App. 119 (2005), the court found that an electric stand-up scooter was also within the definition of a vehicle to uphold a DWI conviction. However, in Lewis v. Watson, 229 N.C. 20 (1948), it was found that a handcart, being pushed by a person, did not qualify as a vehicle for purposes of a DWI.

As you can see, although there are laws defining what is considered a vehicle for the purposes of a DWI, there are a variety of situations that can arise where it is hard to determine whether a thing should be considered a vehicle. Although there may be a situation where the thing may be excluded, the laws defining a vehicle were written to be very broad in order to give the State the ability to charge a person a DWI in most circumstances. As such, a person should always consider the ramifications of being charged with a DWI when using anything as transportation after drinking.

If you have been charged with a DWI, don’t hesitate to Contact Us at Minick Law, P.C., for a free consultation about your case.

What is the Definition of a Public Vehicular Area for a North Carolina DWI?

In order for an individual to be charged with Driving While Intoxicated (DWI) in North Carolina, the State must prove that an individual was driving impaired on a public highway. Under N.C. Gen. Stat. § 20-138.1, a public highway is any highway, street, or public vehicular area in North Carolina. Under N.C. Gen. Stat. § 20-4.01, a highway and a street are defined as the entire width between property or right-of-way lines, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic.

What is a Public Vehicular Area?

From this definition, it is easy to see that the scope of what is a public highway is very broad, especially based of the third part of the definition – a public vehicular area. Since a highway and a street are easily defined, most issues regarding the designation of a public highway in DWI charges arise out of the definition of a public vehicular area. A public vehicular area is anywhere a vehicle can be driven by a member of the public. This includes parking garages, parking lots, and even driveways. Although these are considered private property since they are owned by individuals and not by the state, the police can still charge individuals with DWI on these properties since members of the public have access to their use.

Cases Defining Public Vehicular Area

There are several cases that have been decided in North Carolina that have defined what a public vehicular area is. In State v. Snyder, 468 SE 2d 221 (1996), the North Carolina Supreme Court found that a parking lot of a private night club was still considered a public vehicular area, even though the nightclub was a private establishment that didn’t allow the entire public in. Following this case, the legislature broadened the definition of a public vehicular area under N.C. Gen. Stat. 20-401(32). In State v. Mark, 154 N.C. App. 341 (2002), the court concluded that a private street was considered a public vehicular area because there was an inference that the street was open to the public because it had a name, was the requisite width of a state road, and was located near other roads.

From these cases, it is easy to see that there is strong support under the law for police officers to be allowed to charge an individual with DWI almost anywhere a vehicle can be driven, regardless of whether the area is owned by the state or by a private owner. If you have been charged with a DWI, don’t hesitate to Contact Us at Minick Law for a free consultation about your case.

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What You Need To Know About Search Warrant Requirements https://www.minicklaw.com/what-you-need-know-search-warrant-requirements/ Mon, 24 Jun 2019 18:12:39 +0000 https://www.minicklaw.com/?p=211161 The post What You Need To Know About Search Warrant Requirements appeared first on Minick Law, P.C..

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Under the 4th Amendment, the Constitution states that an individual is to be free from unreasonable searches and seizures in their homes and on their persons.

The reason this right has been extended through the Constitution is due to the fact that a person has a reasonable expectation of privacy in these locations.

However, does the 4th Amendment protect individuals from searches by police when the police have a search warrant?

Requirements to Obtain a Valid Search Warrant

A search warrant is a legal document which has been signed by a judge that authorizes police officers to search for specific things at a specific place and time.

To be a valid search warrant:

  1. The warrant must have been filled out honestly and intentionally by a law enforcement officer;
  2. It must be based on good information and show probable cause to search;
  3. It must be signed by an unbiased judge;
  4. It must state specifically what law enforcement will try to seize and where they intend to search for it.
  5. By obtaining a search warrant, police officers have been given permission to disregard an individual’s reasonable expectation of privacy due to the possibility of evidence of a crime being found.

When police officers execute a search warrant, they are allowed to seize any evidence that they find while conducting the search, even if this evidence might not have been included in the original search warrant.

Requirements to Validly Execute a Search Warrant

After police have obtained a search warrant from a judge or magistrate, they are typically given a window of time in which the warrant is considered to be valid to execute the warrant.

Generally, if police officers wait too long, any searches and seizures conducted could be thrown out as illegal.

Behavior While Executing A Search Warrant

Generally, police officers are required to conduct themselves in a reasonable manner when executing a search warrant. This means that officers should give you the ability to cooperate and participate rather then knocking down your door. As such, police officers must typically:

  • Knock and announce their present prior to entering (allows the occupant to cooperate and avoid breaking down of doors/windows);
  • Present the search warrant to the occupants;
  • Follow basic rules of courtesy in interacting with the occupants; and
  • Not cause undue harm or damage to the property;

Under the 4th Amendment, the Constitution of the United States requires that police officers have probable cause in order to arrest an individual.  As such, probable cause is the legal standard that gives police authority in arresting an individual, searching a person or property, or receiving a warrant for arrest.

What is the Knock & Announce Rule?

Under the 4th Amendment, the Constitution guarantees that an individual is to be free from unreasonable searches and seizures in their homes. This is due to the fact that a person has a reasonable expectation of privacy from government intrusion in their home.

Since the 4th Amendment protects individuals from unreasonable searches in their homes, police officers are generally required to knock and announce their presence before entering a home for any purpose. By requiring police officers to do this, courts have recognized that occupants should be given notice and allowed to collect themselves prior to entrance by police officers.

However, like almost every rule, there are several important exceptions.

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Exceptions to the Knock & Announce Rule: Announcing

Although there is not a steadfast rule requiring a certain statement to be shouted by police officers when announcing their presence, police officers generally shout something that identifies that they are police and the purpose of their visit. However, since there isn’t a certain rule, police don’t have to meet any specific requirement in order to properly announce their presence.

Additionally, although the police officers are announcing themselves in order to give the occupant notice, just because an occupant does not hear the police does not mean that the police did not properly announce their presence.

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Exceptions to the Knock & Announce Rule: Timing

Another important part of the knock and announce rule is the timing between the knock and announce and the subsequent forcible entry.

Although courts have stated that police officers are required to wait a reasonable amount of time before forcibly entering a person’s house, these courts have not given an exact amount of time required either. Because of this, police officers just have to show that under the circumstances, they were justified in the amount of time that they waited before entering.

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Exceptions to the Knock & Announce Rule: Violence or Surprise

There are also certain situations where police officers are not required to knock and announce at all. If prior to the entry of the house, police officers know that there is a threat of violence or a possibility that evidence will be destroyed, police officers are not required to knock and announce. This is often seen in situations where police officers are about to raid a house where drugs and guns will be present.

The reasoning behind this is that by not having to knock and announce, suspects will not be able to harm the police officers or flush drugs down the toilet.

Consequences of Violations To This Rule

Surprisingly, unlike other violations of the 4th Amendment, violation of the knock and announce rule by police officers does not generally exclude any evidence found.

In Hudson v. Michigan, the Supreme Court found that even though police did not properly knock and announce their presence, the police would still have found the evidence with proper procedure.

Based off of this reasoning, many other courts have followed the Supreme Court’s lead on admitting evidence found in violation of the knock and announce rule. However, certain state courts have also ruled in the opposite direction. Because of this, there is always a possibility that evidence could be excluded for a violation of the knock and announce rule.

Can the Police Search Without a Warrant?

Under the 4th Amendment, the Constitution guarantees that an individual is to be free from unreasonable searches and seizures in their homes. This is due to the fact that a person has a reasonable expectation of privacy from government intrusion in their home.

However, are there circumstances where the police can enter your house without going through the process of obtaining a warrant?

Search Without a Warrant: Exigent Circumstances

Although the 4th Amendment seems to give individuals rights that are set in stone, numerous exceptions have arisen that allow police officers the ability to search without a warrant.

One of these exceptions is the legal concept of exigent circumstances. Under this exception, police officers are allowed to bypass obtaining a search warrant due to the existence of some emergency circumstance that prevents obtaining a warrant.

Generally, there are three examples of exigent circumstances:

  1. emergency situations,
  2. the possibility of the destruction of evidence,
  3. or the hot pursuit of a suspect in a crime.

The reasoning behind this policy is that by allowing police officers to enter a home without a search warrant, the public receives a benefit through the ability to help individuals in danger, the preservation of valuable criminal evidence, or the capture of a dangerous criminal.

Determining The Legitimacy of Exigent Circumstances

Although allowing police to use exigent circumstances to justify warrantless searches is good for the public in general, it does offer the opportunity for abuse on the part of the police. Although there is no definite test, courts have considered the following factors in determining whether exigent circumstances exist:

  • bad faith on the part of the police officers;
  • availability of probable cause and time required to obtain a warrant;
  • reasonable foreseeability of the circumstances; and
  • the use of standard or good investigative tactics.

Takeaway

Based off of exigent circumstances, police officers are given greater ability to search your house without first obtaining a warrant. As such, it is important to know your rights if the police show up at your house claiming they are allowed to search your house based off of exigent circumstances.

Although it is probably not a smart decision to interfere with a search, it is important to clearly state that you deny consent for the search.

Additionally, make sure to ask for identification and any explanation from the police officers for the search. After the search, write down any important details in order to produce a record of what occurred.

Search Without a Warrant: Giving Consent to Search to a Police Officer

The Fourth Amendment of the United States Constitution protects citizens (and non-citizens) from unreasonable search and seizure. Law enforcement must first obtain a warrant based on probable cause before a search can take place.  However, there are instances when a search is reasonable without a warrant. Law enforcement can conduct a warrantless search of you and your property if you voluntarily give them consent.

What is Consent?

“Can I search your vehicle?”  “Sure.” Is a likely scenario were a person orally agrees to allow law enforcement to search.  Any person law enforcement reasonably believes has a right to control the property (roommate, coworker, family member) can give consent.

Consent must be given clearly and voluntarily; not coerced with threats or trickery. 

However, law enforcement does not need to tell you consent is voluntary. The person whose property is being searched may revoke consent at any time, either orally or through actions.

What Should You Do?

Remember, you do not have to give consent. Officers will try a variety of methods to convince you to consent, but if you do not want your property or person searched say so!  If there is a language barrier, ask to speak to an interpreter.

Do not sign anything that you cannot read and fully understand.  Remember you can always withdraw your consent once it is given, but you must make this clear to law enforcement. Always be polite and courteous; being rude or combative will get you nowhere.

As mentioned above, consent to search your effects can be given by people close to you.  It is important to make clear to the people you share a home or office with that they do not have your permission to consent to a search and that if police ask, they should say no.

4th Amendment Protection of Vehicles

Many people believe that since the 4th Amendment protects their home and individual persons, this protection also extends to their vehicles. Unfortunately, this is not true.

In a variety of cases, the Supreme Court has ruled that the 4th Amendment does not provide the same level of protection to a car as it does to a house. The Supreme Court has rationalized this due to the high mobility of a motor vehicle, the use of motor vehicles in public places, and the ease in which a car can be used for criminal behavior.

As such, a person, including passengers, cannot expect to have a reasonable expectation of privacy in a car.

Wyoming v. Houghton

In Wyoming v. Houghton, the Supreme Court considered a case concerning the search of passengers of a vehicle. In the case, police officers pulled over a car for a faulty brake light. While talking to the driver, the police officer noticed a syringe in the driver’s shirt pocket. After the driver admitted to using drugs, the police officers searched the passengers and their possessions, finding methamphetamine.

At trial, the passengers challenged the legality of the search and attempted to exclude the drugs found. After hearing the legal arguments and theories of the case, the Supreme Court ruled that as long as there is probable cause, police officers are allowed to search passengers and their possessions (backpacks, purses, etc.) as long as the evidence being searched for could fit in those containers.

Takeaway

When entering a car as a passenger, most people don’t even consider whether the driver or any other occupant could be carrying illegal contraband.

However, just because a person lacks knowledge of other occupants’ possessions, this does not give a passenger any protection from being searched. Because of this, you should always be aware of the possible consequences for the actions or possessions of another occupant of a car.

Can the Police Search My Cell Phone after an Arrest Without a Warrant?

Under the 4th Amendment, the Constitution states that an individual is to be free from unreasonable searches and seizures in their homes and on their persons. This is primarily due to the fact that a person has a reasonable expectation of privacy in these locations.

However, does the 4th Amendment protect an individual’s cell phone from search by a police officer after an arrest?

Unreasonable Searches and Seizures

From the language of the 4th Amendment, it seems that the Constitution prevents the police from conducting warrantless searches. However, this is not always true. In previous cases, the Supreme Court has stated that warrantless searches are allowed under a variety of defined exceptions.

Riley v. California

In Riley v. California, the Supreme Court reviewed whether the police were allowed to search a suspect’s cell phone without a warrant for incriminating information following an arrest. After deliberating on this case, the Supreme Court voted 9-0 that police officers are not allowed to search a cell phone without a warrant. This unequivocal rejection of warrantless searches of cell phones was based on the fact that modern technology allows for such a wealth of information to be gleaned from an individual’s cell phone that the Constitution prevents searches without a warrant.

Are Police Allowed To Use A Thermal Scanner To Search My House From The Outside?

Under the 4th Amendment, the Constitution guarantees that an individual is to be free from unreasonable searches and seizures in their homes. This is due to the fact that a person has a reasonable expectation of privacy from government intrusion in their home.

But what happens when the police have access to advanced technology that allows them to “look in” to your house without actually physically entering?

Kyllo v. United States

In Kyllo v. United States, the Supreme Court was faced with the question of whether the use of advanced technology by police to scan a person’s home from the outside violated the 4th Amendment.

In this case, the police were investigating a house that they believed was a marijuana grow house. After not being able to find anything through the use of standard police surveillance, the police decided to use an infrared thermal imaging device that allowed them to see the heat signature of the house. The device revealed that the roof of the garage was far warmer than the rest of the house.

From this observation, the police believed that Kyllo was using heat lamps for an indoor marijuana growing operation. After deliberating on the facts and legal theories of the case, the Supreme Court ruled that the search was illegal due its unreasonableness and the lack of a warrant.

In the ruling, the Court stated that the use of technology that was not available to the general public violated a person’s reasonable expectation of privacy in their home.

As such, the use of it for police purposes was an unreasonable search.

Implications

Although the Supreme Court ruled in Kyllo that the search was considered unreasonable, their primary justification was that the thermal imaging technology was unavailable to the public, therefore it violated a person’s reasonable expectation of privacy.

However, this case occurred in 2001, when the technology was first becoming available.

Currently, anybody can easily obtain thermal imaging technology through a variety of different stores or sources. Because of this, under the reasoning in Kyllo, since the technology is readily available to the public, a person cannot reasonably expect any privacy in their home from a thermal imaging scan.

Based on this line of reasoning, individuals can expect the protection in their homes from unreasonable searches to degrade as more invasive technology comes into the public market.

 

Are Police Officers Allowed To Use A Terry Search On My House?

Under the 4th Amendment, the Constitution guarantees that an individual is to be free from unreasonable searches and seizures. This is due to the fact that a person has a reasonable expectation of privacy from government intrusion.

But what is considered an unreasonable search? After the Supreme Court ruled that frisks of suspects for weapons by police officers were considered reasonable in Terry v. Ohio, what types of searches are unreasonable?

Would a Terry frisk of a person’s car for weapons be considered unreasonable in the eyes of the law?

Maryland v. Buie

In Maryland v. Buie, the Supreme Court was faced with the question of whether police officers were allowed to do a protective sweep of a house for weapons.

After an armed robbery of a pizza place, police officers got arrest warrants for two suspects. While attempting to use the arrest warrants on the suspects, the police officers entered the house where the suspects were holed up. While searching, a police officer shouted down into the basement, ordering anyone down there to come out. After one of the suspects came up and surrendered himself, a police officer went down into the basement and observed incriminating evidence.

At trial, the suspect argued that the evidence should be excluded because the police officer had no reason to search the basement after his surrender. After considering the legal arguments and theories of the case, the Supreme Court ruled that the search by the police officer was allowed under the Terry doctrine of a protective sweep in order to ensure officer safety from weapons or danger.

Takeaway

Based off of Maryland v. Buie, police officers are allowed to do a limited protective sweep when arresting a suspect in order to ensure officer safety. However, to do this, a police officer must have articulable reasonable suspicion of possible danger or existence of weapons in order to do this protective search. 

Although this reasonable suspicion requirement may seem like it would limit the ability of police to do a protective sweep, this requirement is pretty easy to fulfill since arrests are inherently dangerous. As such, anything discovered through a protective sweep is generally admissible in court.

 

Contact Us

If you or someone you know have been charged with a crime based on a search you believe may be invalid, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case and possibly get the evidence excluded.

Contact us at Minick Law, P.C. for a free consultation on your case.

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June Winner | Non Nobis Solum Award https://www.minicklaw.com/june-winner/ Sat, 15 Jun 2019 16:58:18 +0000 https://www.minicklaw.com/?p=211306 The post June Winner | Non Nobis Solum Award appeared first on Minick Law, P.C..

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Minick Law, P.C. is proud to announce Delvis Ramirez as the June Non Nobis Solum Award Winner!

Delvis was nominated by his wife Michelle, who wrote this about him:

Delvis is an inspiring dad who’s every action revolves around his 3 kids. He is their biggest fan and loves to challenge them in a race and take them on long bike rides! He believes in a good education and sacrifices personally to send them to Catholic school.  He is strong and firm but his daddy heart melts for his 2 year old baby girl! He inspires me to be a better mom and a better wife!

Each month this year, Minick Law, P.C. will be sharing 12 amazing stories and giving away 12 great gifts to emphasize our firm’s commitment to one thing: helping people.

Stay tuned! Nominate someone today!

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April Winner | Non Nobis Solum Award https://www.minicklaw.com/april-winner/ Mon, 15 Apr 2019 16:56:02 +0000 https://www.minicklaw.com/?p=211299 The post April Winner | Non Nobis Solum Award appeared first on Minick Law, P.C..

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Minick Law, P.C. is proud to announce Mary Wathen O’Herron as the Non Nobis Solum Award Winner for April!

Mary had this to say:

I started my career on a medical surgical floor where I worked for 2 years. But I have been a mother/baby nurse for a little over 10 years now and love it. I take care of Mother’s and infants after birth. I get to be a part of a families top moments of their lives, and help them transition into motherhood during such a vulnerable time. It’s hard but such a rewarding calling. I can’t imagine doing anything else.

Each month this year, Minick Law, P.C. will be sharing 12 amazing stories and giving away 12 great gifts to emphasize our firm’s commitment to one thing: helping people.

Stay tuned! Nominate someone today!

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