Wake County Defense Resources

  1. New Ruling: Cell Phone Search Warrants

    On June 25, 2014 the US Supreme Court handed down a landmark 9-0 decision in Riley v. California which now requires law enforcement to obtain a warrant before they can search a cellphone. Previously, police officers have relied on the “search incident to arrest” doctrine to access and search cellphones ranging from flip phones to smartphones at the time of arrest without a warrant.

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  2. Miranda: The police did not read me my rights.

    An interesting case is currently taking place in Wisconsin concerning Miranda Rights, also referred to as Miranda Rule and Miranda Warning. A woman accused of kidnapping her half-sister’s baby is claiming the FBI did not read her her rights and therefore, none of the evidence gathered during her first day in custody should be used against her. The woman claims the FBI did not let her have an attorney while she was questioned. Her attorney is now moving to suppress all of the statements she made to the FBI during her questioning.

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  3. Constructive Possession: When is a Person in Possession?

    A scenario we frequently encounter with clients is one in which a police officer stops a car occupied by multiple people and drugs are found within the vehicle. Often times all passengers will be charged with possession of drugs, even though the drugs are owned by only one of the occupants. You may ask yourself: How can it be fairly determined whether or not all passengers were actually in possession?

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  4. Anonymous Tip to 911: Enough to reasonably stop a vehicle?

    In an effort to increase public safety, questions have been raised as to whether or not an anonymous tip can be enough evidence to supply an officer with reasonable suspicion to stop a vehicle. Until recently, the answer to that question was no. In previous cases held by the North Carolina Supreme Court, as well as the United States Supreme Court, an anonymous tip alone rarely provides enough reason to stop a vehicle.

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  5. New NC Gun Law Put in Effect Dec 1st

    More than 40 New Laws were put into effect on December 1, 2013, many were increased to a criminal offense status. Included in laws which impose more severe penalties is the firing of a gun in an enclosed space, whether to do harm or incite fear. The penalty review of this law was prompted by a gun incident in October 2012, when 20-year-old Justin Murphy walked into a Wal-Mart in Kernersville, NC and opened gun fire. No one was injured.

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