Amazines Free Article Archive
www.amazines.com - Monday, June 24, 2019
Read about the most recent changes and happenings at Amazines.com
Log into your account or register as a new author. Start submitting your articles right now!
Search our database for articles.
Subscribe to receive articles emailed straight to your email account. You may choose multiple categories.
View our newest articles submitted by our authors.
View our most top rated articles rated by our visitors.
* Please note that this is NOT the ARTICLE manager
Add a new EZINE, or manage your EZINE submission.
Add fresh, free web content to your site such as newest articles, web tools, and quotes with a single piece of code!
Home What's New? Submit/Manage Articles Latest Posts Top Rated Article Search
Google
Subscriptions Manage Ezines
CATEGORIES
 Article Archive
 Advertising (133295)
 Advice (160822)
 Affiliate Programs (34734)
 Art and Culture (73673)
 Automotive (145654)
 Blogs (75021)
 Boating (9841)
 Books (17130)
 Buddhism (4124)
 Business (1328332)
 Business News (426310)
 Business Opportunities (366257)
 Camping (10957)
 Career (72763)
 Christianity (15841)
 Collecting (11636)
 Communication (115054)
 Computers (241949)
 Construction (38993)
 Consumer (49679)
 Cooking (17061)
 Copywriting (6567)
 Crafts (18204)
 Cuisine (7538)
 Current Affairs (20382)
 Dating (45774)
 EBooks (19685)
 E-Commerce (48195)
 Education (185188)
 Electronics (83491)
 Email (6390)
 Entertainment (159819)
 Environment (28933)
 Ezine (3039)
 Ezine Publishing (5443)
 Ezine Sites (1554)
 Family & Parenting (110898)
 Fashion & Cosmetics (196383)
 Female Entrepreneurs (11842)
 Feng Shui (130)
 Finance & Investment (310266)
 Fitness (105904)
 Food & Beverages (62850)
 Free Web Resources (7938)
 Gambling (30213)
 Gardening (25084)
 Government (10513)
 Health (629253)
 Hinduism (2206)
 Hobbies (44032)
 Home Business (91544)
 Home Improvement (251322)
 Home Repair (46116)
 Humor (4815)
 Import - Export (5450)
 Insurance (45126)
 Interior Design (29544)
 International Property (3485)
 Internet (190968)
 Internet Marketing (146307)
 Investment (22824)
 Islam (1168)
 Judaism (1357)
 Law (80460)
 Link Popularity (4592)
 Manufacturing (20840)
 Marketing (98748)
 MLM (14136)
 Motivation (18211)
 Music (26998)
 New to the Internet (9476)
 Non-Profit Organizations (4048)
 Online Shopping (129612)
 Organizing (7802)
 Party Ideas (11856)
 Pets (38081)
 Poetry (2234)
 Press Release (12671)
 Public Speaking (5618)
 Publishing (7523)
 Quotes (2407)
 Real Estate (126612)
 Recreation & Leisure (95254)
 Relationships (87450)
 Research (16157)
 Sales (80313)
 Science & Technology (110160)
 Search Engines (23446)
 Self Improvement (153090)
 Seniors (6230)
 Sexuality (35942)
 Small Business (49281)
 Software (82960)
 Spiritual (23461)
 Sports (116071)
 Tax (7658)
 Telecommuting (34064)
 Travel & Tourism (307190)
 UK Property Investment (3118)
 Video Games (13422)
 Web Traffic (11724)
 Website Design (56803)
 Website Promotion (36556)
 World News (1000+)
 Writing (35761)
Author Spotlight
SWATI SHARMA

To provide Visa services from India Working At Aptech Visa global immigration Pvt Ltd. Company is g...more
SHOVON JOARDER

Shovon Joarder has been working as Freelance Marketing Project Manager for over four years. He also ...more
BARRY BROWN

Barry K. Brown has been in the Sign, Banner, Decal and Display Business for over 20 years. It isn't ...more
RAHUL VERMA

Rahul Verma, founder of the award-winning web development and digital marketing firm Digital SEO Com...more
ANISH SAH

My Name is Anish Sah, I am an Internet Marketing and SEO Expert, Social Media Guru and young Entrepr...more


North Carolina Criminal Searches: Traffic Stop Consent Searches by Moseley Matheson






North Carolina Criminal Searches: Traffic Stop Consent Searches by
Article Posted: 03/01/2012
Article Views: 93
Articles Written: 183
Word Count: 791
Article Votes: 1
AddThis Social Bookmark Button

North Carolina Criminal Searches: Traffic Stop Consent Searches


 
Law
I was recently reading an article regarding North Carolina Traffic Stops and the process known as 'Consent Searches.' As a Apex Traffic and Criminal Defense Attorney and Holly Springs Traffic and Criminal Defense Attorney, I'm familiar with this practice. The article was regarding the Fayetteville Police Department and how the Fayettevile City Counsel attempted to stop consent searches during North Carolina Traffic Stops, including http://mathesonlawoffice.com/north-carolina-dwi ">North Carolina DWI Stops until an independent body could investigate claims that the Police Department's use of the consent search were disproportionately targeting African-American drivers. The Fayetteville Police Department opposed the attempt by the City Counsel's attempt to but a hold on consent searches (and ultimately got a Judge to sign off on an injunction against the City Counsel's efforts). The Police Chief was quoted as saying that consent searches were an important law enforcement tool.

Consent searches are where an officer will 'obtain' the consent of a Driver to search their vehicle while the Defendant is being temporarily detained during a traffic stop for the purpose of investigating possible North Carolina Misdemeanor or Felony Violations. I will agree that these consent searches are useful to police in their efforts to arrest people for violating North Carolina Criminal Law, specifically more often then not, North Carolina Drug Laws. My problem with this process is the way in which these 'consents' are obtained.

First, the fact of the matter is, NO ONE is required to consent to a search of their vehicle. There is no punishment involved for not consenting to a search. Additionally, an Officer can only detain someone long enough to complete the purpose of the initial detention; however once they have consent to search, they can extend the temporary detention in order to complete the search. So, without consenting, and without any other purpose to permit an Officer to search the vehicle, the stop must be concluded and the Driver released.

However, with the knowledge that obtaining a consent to search will be the easiest way to permit them a search of the vehicle, an Officer will normally attempt to obtain a consent rather to first securing some probable cause which could permit them to search the vehicle. Unfortunately, instead of simply asking "May I search your vehicle?" Police Officer's have devised clever ways to obtain consents which are just short of unethical in my opinion.

Many of my clients who were charged with having contraband in their vehicle tell me of Officer's using certain sayings which seem to come up often. The most common is, "I'm going to search your vehicle, okay?" Though phrased technically as a question, it comes off a lot more like a statement of fact, and considering the source of the statement, it's easy to understand why a Driver would believe the Officer will be searching the vehicle rather then the fact that they are actually asking permission. Other ways they obtain what they need to search a vehicle includes phrases like "If I search your vehicle, will I find anything?" That statement implies that the Officer is going to search the vehicle, without ever eluding to the fact that consent must first be obtained. Defendant's, concerned that not admitting it upfront could be detrimental admit to the contraband being in the vehicle, at which point, the Officer has probable cause to search. The other one I hear is "If you tell me where it is, I'll only give you a ticket, if I have to search for it and find it, I'm going to arrest you and take you down to booking." Again, with the implication that the Driver would face arrest without admitting the presence of the contraband, most people admit thinking they are helping themselves. The reality is, if the Driver rather elects to not answer any of their questions, the Officer would be unable to obtain their 'consent' and could very well avoid providing the necessary Probable Cause to justify the search.

If you have been charged with a crime that resulted from a search of your person, vehicle and/or home, contact a local North Carolina Criminal Defense Attorney to best assist you with your case.

Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

Related Articles - North Carolina Criminal searches, Traffic stops, consent searchs, North Carolina Criminal Defense Attorney, North Carolina Criminal Defense Lawyer,







Email this Article to a Friend!

Receive Articles like this one direct to your email box!
Subscribe for free today!

 Rate This Article  
Completely useless, should be removed from directory.
Minimal useful information.
Decent and informative.
Great article, very informative and helpful.
A 'Must Read'.

 

Do you Agree or Disagree? Have a Comment? POST IT!

 Reader Opinions 
Submit your comments and they will be posted here.
Make this comment or to the Author only:
Name:
Email:
*Your email will NOT be posted. This is for administrative purposes only.
Comments: *Your Comments WILL be posted to the AUTHOR ONLY if you select PRIVATE and to this PUBLIC PAGE if you select PUBLIC, so write accordingly.
 
Please enter the code in the image:



 Author Login 
LOGIN
Register for Author Account

 

Advertiser Login

 

ADVERTISE HERE NOW!
   Limited Time $60 Offer!
   90  Days-1.5 Million Views  

 

Great Paranormal Romance

World News


STEPHEN BYE

Steve Bye is currently a fiction writer, who published his first novel, ‘Looking Forward Through The...more
LAURA JEEVES

At LeadGenerators, we specialise in content-led Online Marketing Strategies for our clients in the t...more
STEVERT MCKENZIE

Stevert Mckenzie, Travel Enthusiast. ...more
GENE MYERS

Author of four books and two screenplays; frequent magazine contributor. I have four other books "in...more
TREENA MURPHY

Warm greetings to you!! Hello there, my name is Treena (Smiley) Murphy I am a part time blogge...more
KIRAN KAUR

Kiranpreet (Kiran) Kaur, D.D.S., who received her Doctor of Dental Surgery degree from the prestigio...more
SUSAN FRIESEN

Susan Friesen, founder of the award-winning web development and digital marketing firm eVision Media...more
MICHAEL BRESCIANI

Rev Bresciani is the author of two Christian books. One book is an important and concisely written b...more
JAMES KENNY

James is a Research Enthusiast that focuses on the understanding of how things work and can be impro...more
LUMINHOME LIGHTING

About Us Luminhome Lighting provide one-stop services in lighting design and manufacture of LED lum...more

HomeLinksAbout UsContact UsTerms of UsePrivacy PolicyFAQResources
Copyright © 2019, All rights reserved.
Some pages may contain portions of text relating to certain topics obtained from wikipedia.org under the GNU FDL license