A man, who told police that he was home from college, spent the evening in jail after authorities found several knives, brass knuckles, and a machete in his car. This incident occurred around 10:00 a.m., when police stopped a silver Honda Civic on Dave Lyle Boulevard after it ran off the road and struck a tree. The 19-year-old driver attempted to reach the drivers door pocket before police ordered him out of the car. He was then detained in handcuffs, and when police explored the vehicle, they noticed the smell of marijuana.
The young man told police that there was a marijuana pipe and a grinder in the car; and further, after searching the car, they also located three types of knives, a package of rolling papers, five pieces of chemistry glassware with a makeshift hose and Keck clips in the truck, a set of brass knuckles and a marijuana smoking device. A 10-inch machete was also found in the trunk, according to the report.
The 19-year-old told the officers that he used the glassware to make a Hookah for marijuana smoking use, and he said that the weapons were in the car because he recently returned home from college in Charleston, and he always keeps weapons in his car while in Charleston. He is being charged with simple possession of marijuana, and unlawfully carrying weapons.
If you or a loved one has been charged with a crime in South Carolina or North Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP. You can reach our North Carolina office by calling 704-499-9000, and our South Carolina office at 803-548-4444.
A group of teenagers and young adults were cited with underage drinking, while another man was charged with drug possession after deputies ran into a party in Rock Hill this past Saturday. This occurred after midnight when deputies were called to Alpha Street, just off Ebenezer Road, after reports about a large house party. Further, according to the police report, several teens were seen running into a wooded area near the house.
For the teens and young adults who were captured, police issued courtesy and juvenile summons; the kids were aged 15 to 20 years old. While carrying on the investigation, a deputy learned that there might be marijuana inside a silver Honda parked in front of the house. When police approached the car, they found a man asleep inside.
The young man reported to deputies that he was the designated driver for the night and did not consume any alcohol. However, deputies thereafter searched the car and found a marijuana grinder, a glass jar of marijuana, two metal tubes, and a glass bong inside a leather bag in the glove compartment. Police arrested him for simple possession of marijuana.
If you or a loved one has been charged with a drinking related, or drug related crime in Rock Hill, South Carolina, or anywhere else in the region, contact the law offices of Reeves, Aiken & Hightower, LLP. You can contact our Baxter Village office located in Fort Mill South Carolina for a confidential consultation at 803-548-4444, or toll-free at 877-374-5999.
Charlotte-Mecklenburg police recently set-up a checkpoint along the 6600 block of WT Harris Boulevard near Harris Center Drive in northeast Charlotte. The police were very productive in the amount of charges that were garnered as a result of the checkpoint with a staggering ten DWI’s in one night. Other charges include twelve charges for people who were driving with their license revoked, seventeen for not carrying their operator’s license, two without insurance, three people for drug charges, and one was even found with a gun. The total number of charges was an incredible seventy-two.
Courts within the State of North Carolina, as well as throughout the United States have found that it is in the public’s best interest to allow checkpoints to find intoxicated drivers as well as those committing various offenses. However, there are some limitations with how officers may conduct themselves, and this can sometimes result in a dismissal or mitigation of a charge.
Therefore, if you have been charged with a DWI or another crime at a checkpoint, contact the law offices of Reeves, Aiken & Hightower, LLP at our Charlotte, North Carolina office. For a confidential consultation, contact us at 704-499-9000, or toll-free at 877-374-5999.
Cleveland County, North Carolina narcotics detectives reportedly seized about 1,800 pounds of marijuana from a house which is said to be the biggest marijuana bust in Cleveland County history. The men allegedly hid the 1.8 million (street value) worth of marijuana in the bed of a pickup truck next to the house in which they were residing. The information related to the bust came from a local confidential informant.
When the police knocked on the door of the house, the two suspects allowed them to conduct a search without a warrant. Neither of the men spoke English; therefore, the men could not be questioned by police immediately after being Mirandized. Both men face felony drug trafficking charges, and deputies are still staging an investigation as to where the marijuana came from.
If you or a loved one face a drug trafficking charge, call the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation. If you have been charged in North Carolina, call our Charlotte, North Carolina office at 704-499-9000. Also, South Carolina charges can be handled at our Baxter Village office at 803-548-5999, and we can also be contacted toll-free at 877-374-4444.
A York County, South Carolina Council member was arrested last week, and held at the Moss Justice Center after an incident that included an open bottle of Crown Royal found within his car. The man allegedly registered over a .10 after breathing into the breath-test, according to the York County Sheriff’s report. The next morning he was released on his own recognizance.
The incident took place around midnight when a York County Sheriff Deputy noticed a Toyota Corolla swerving several times as he traveled north on Chester Highway. When the deputy pulled the man over, he found an open whiskey bottle in the man’s passenger seat, according to the report.
The man initially told the officer that he had consumed a couple of beers; however, when the bottle of whiskey was found the man stated that he may have consumed more than he had thought. When he was administered field-sobriety tests, his speech was allegedly slurred, and he did not count correctly, according to the officer. Further, his breath-test registered .03 over the legal limit.
The man stated that he was at an “after hours” event, had a couple of beers at the event, and then stated that he stopped to purchase a small bottle of liquor. The man has no prior criminal history in South Carolina. Further, he has recently lost his father, which is apparently the underlying cause of his drinking.
As we have stated in many previous blog pages, anybody is susceptible to a DUI charge. It is difficult for one to judge just how much they have consumed; therefore, it is important to know your own limitations. If you do not know your limitations, you may end up with a DUI on your record. At Reeves, Aiken & Hightower, LLP we recommend that you never drive after consuming any amount of alcohol just to be safe. However, if you do, make sure you do so within the confines of your personal limitations, which is typically one or two drinks.
We handle DUI cases in South Carolina, and DWI cases in North Carolina. Therefore, if you or a loved one has been charged in one of these states, schedule a consultation with us. You can reach our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or our Charlotte, North Carolina office at 704-499-9000. Further you can contact us toll-free at 877-374-5999. We will be pleased to assist you.
A recent United States Supreme Court ruling, Florida v. Jardines, has decided that an officer conducts a Fourth Amendment search when he brings a drug dog onto the porch of a house to sniff the front door. In this case, a Miami officer received a tip that marijuana was being grown in a residence. The officers went to the front door of the house, and the dog acted as though he detected drugs in the house. Thereafter, the officers left, allegedly obtaining probable cause for a search warrant, and when they entered the residence, they found numerous marijuana plants. The defendant was then charged with drug trafficking.
The defendant argued that the use of the dog was an unreasonable search in violation of the Fourth Amendment of the U.S. Constitution. The trial court agreed with this, the appellate courts were split, and Jardines found himself in front of the U.S. Supreme Court. Justice Scalia wrote the majority opinion in favor of the defendant. His reasoning was based on the “physical intrusion theory” that he advanced in United States v. Jones. He stated that the officers entered the curtilage (area so intimately connected with the home as to have extra privacy provisions) of the defendants home with the purpose of gaining information.
Scalia rejected the argument that there was an “implicit license” for the officers to approach the home with the dog. He stated that custom allows a visitor to approach the home by the front path, knock promptly, and then leave. However, this does not allow a visitor to engage in investigative activity such as bringing a trained dog to sniff the porch. Therefore, the scope of this type of search is limited.
Justice Scalia distinguished this from Illinois v. Caballes, where it was held that the use of a drug dog during a traffic stop does not violate the motorist’s reasonable expectation of privacy because the dog cannot impinge on the reasonable expectation of privacy, it may constitute a physical intrusion.
Justice Kagan concurred, arguing that the case could also be decided for the defendant under the reasonable expectation of privacy theory, comparing the use of a drug dog to a situation in which “a stranger comes to the front door of your home carrying super-high-powered binoculars” and uses them to peer into the recesses of your dwelling, thereby exposing what is reasonably expected to be private.
However, Justice Alito dissented reasoning that visitors, welcome or not, have an implied “license to use a walkway to approach the front door of a house and to remain there for a brief time,” regardless of their purpose. He also rejected Kagan’s reasonable expectation of privacy theory.
Therefore, the justices that combined to form the ruling for this case shows something very interesting. This illustrates how split the justices can be when making a ruling on a Fourth Amendment issue. If you or a loved one has been involved in a search that you believe is arguable whether there was probable cause, call the law offices of Reeves, Aiken & Hightower, LLP. For a consultation, visit us at our Baxter Village office located in Fort Mill, South Carolina, or call us at 803-548-4444, or toll-free at 877-374-5999.