Feb 19, 2013 | Criminal Defense, Uncategorized
Ever since Illinois v. Gates (1983), the US Supreme Court has made it clear that when it comes to Fourth Amendment searches and seizures the proper probable cause analysis is always the “totality of the circumstances” test. Today, in Florida v. Harris, we learn that the same “flexible, common sense approach” must apply in cases involving drug sniffing dogs.
In this case, probable cause to search existed only based on the alert of a trained detection canine during an ordinary traffic stop. The police searched the defendant’s truck based on the alert, and while the dog turned out to be wrong about there being drugs, there was enough pseudoephedrine in the truck to charge the defendant with possession of pseudoephedrine for use in manufacturing methamphetamine.
The Florida Supreme Court, recognizing the potential abuse of the Fourth Amendment rights that would stem from allowing unreliable trained dogs to create probable cause to search, formulated a detailed checklist of the kind of evidence that the prosecution should present before the alert of a trained police dog becomes permissible evidence on which to base probable cause. They decided specifically that the performance record of the dog, how many times the dog had alerted correctly vs. false positives, must be produced.
The US Supreme Court rejected this notion, just as it has rejected other attempts to create a more formulaic approach, in favor of the usual “totality of the circumstances” analysis. Nothing in the opinion displaces the necessity of evidence that the dog is trained in drug-sniffing or forecloses the opportunity of the defendant to contest the reliability of the dog’s alert.
The entire opinion of Florida v. Harris can be found at this link.
Feb 19, 2013 | Car Accidents, Child Accidents, Criminal Defense, Personal Injury, Uncategorized
One person received injuries in a crash that occurred in northeast Charlotte at 2 a.m. Saturday. The crash occurred near the intersection of Rocky River Road and Hood Road.
According to officers, they were involved in a high-speed chase with the driver, whom sustained the injuries. The car flipped several times after the driver lost control and he was taken to Carolina Medical Center for his injuries.
Officers have not revealed why they were originally chasing the man, but officers have revealed they will charge the man after his release from the hospital for his injuries. Any criminal charge is a serious matter for anyone. If you or someone you know has criminal charges being brought against them, contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys. Our criminal attorneys handle many types of criminal cases in North and South Carolina and want to help you or someone you know with his/her criminal charges. We are licensed in both North Carolina and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
Feb 19, 2013 | Burglary/Robbery/Larceny, Criminal Defense, Uncategorized
A Rock Hill woman may want to keep closer tabs on her wallet. The woman stated to officers that a man stole it from her and the $130 inside from a grocery store on Saturday.
According to authorities, the woman said she was approached from behind by a man at the grocery store. The man asked the lady “Do you know Jeremy?” The woman stopped and turned around to look at the man, which is when she realized he had her wallet.
After confronting him about the wallet, the man fled the scene on foot. The woman stated along with the $130, her keys and credit cards were also taken. Contact the law offices of Reeves, Aiken, and Hightower in North Carolina or South Carolina to consult with a criminal attorney about any criminal charges. Our criminal attorneys understand the hardships facing criminal defendants. Our criminal attorneys want to help you or someone you might know with his/her case. We are licensed in both North Carolina and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
Feb 18, 2013 | Burglary/Robbery/Larceny, Criminal Defense, Felony Possession of a Firearm, Uncategorized
An employee at a Rock Hill car wash probably will not have his job much longer. The employee allegedly stole a handgun from a customer’s glove compartment while cleaning out her car, according to the York County Sheriff’s Office.
According to authorities, the customer stated that employees from the Jamison Detail Shop and Car Wash picked her car up at the customer’s place of employment, which is when the gun was stolen according to her.
The business owner allowed authorities to search the premises of the car wash and instructed all employees they were not allowed to leave until the officers finished their search for the pistol. The officers then located the pistol in the jacket of one of the employees, but the man denied stealing the pistol. Authorities charged him with larceny and breaking and entering.
If you or someone you know has been charged with a serious crime, contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys about any criminal charges. Our criminal attorneys handle many types of criminal cases in North and South Carolina, including burglary and larceny, and want to help you with your criminal charges. We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
Feb 18, 2013 | Assault and Battery, Criminal Defense, Uncategorized
A Tega Cay woman let a local grocery shopper know how she really felt. According to authorities, a woman was arrested after cursing at a man in front of his family and then making fun of the man’s male anatomy at a local Harris-Teeter.
According to officers, police responded to a call from the Harris-Teeter located on S.C. Highway 160 on Wednesday afternoon in regards to a woman who became volatile. The woman told officers the man owed her money and she also stated another person assaulted her with a grocery cart.
According to store employees, the woman started the whole argument and caused a substantial disturbance in the store for fellow customers. Store employees stated that the woman made several condescending references to the man’s male anatomy while multiple shoppers were present with their families. The woman has been charged with public disorderly conduct.
Any criminal charge can bring hardship to the person affected. Contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys. Our criminal defense attorneys handle many types of criminal cases in North and South Carolina. We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
Feb 17, 2013 | Burglary/Robbery/Larceny, Criminal Defense, Felony Possession of a Firearm, Premises Liability, Uncategorized
A man simply wasn’t going to go down easily. The man who was wanted for armed robbery was arrested by SWAT personnel with the Charlotte-Mecklenburg Police department after he barricaded himself in his house.
Authorities had warrants out for arrest against the man in connection with armed robbery. On Monday Morning, CMPD department personnel proceeded to execute the arrest warrant against the man at his residence.
The officers realized that the man had barricaded the entries to the residence, locking himself inside. Without having proper siege equipment, officers could not breach the blockade. SWAT personnel were called and apprehended the man without incident. He was being questioned by police at headquarters.
Contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys. Our criminal attorneys handle many types of criminal cases in North and South Carolina. We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
