by Aaron Lee | Jan 14, 2014 | Criminal Defense
Any crime has four basic elements that must be proven before someone can be charged. The elements are 1.) Actus Reus (physical act), 2.) Mens Rea (mental state), 3.) Causation, and 4.) Social Harm. Basically the State must prove that the accused performed a physical...
by Aaron Lee | Dec 8, 2013 | Criminal Defense, DUI & DWI
The answer to this question is simply to say no. If an officer asks you if he or she can search your vehicle your answer should always be no. An officer may ask you at any time if they can search you or any of your other property including vehicles but they key is...
by Aaron Lee | Oct 17, 2013 | Criminal Defense
A decision was handed down by the court found that holding someone during a traffic stop does not violate the 4th amendment so long as the detention is “de minimis.” So now the legal question that arises is when does a detention exceed the de minimis scope? In the...
by Aaron Lee | Oct 2, 2013 | Criminal Defense
On 7/3/2012 the NC Court of Appeals reversed the decision of State v. Harwood regarding an anonymous tip amounting to reasonable suspicion for the police to make a seizure. In the original decision it was held that police were justified in handcuffing a Defendant...
by Aaron Lee | Sep 25, 2013 | Criminal Defense, DUI & DWI
On 7/3/2012 the NC Court of Appeals reversed the decision of State v. Harwood regarding an anonymous tip amounting to reasonable suspicion for the police to make a seizure. In the original decision it was held that police were justified in handcuffing a Defendant...
