Blog

Join my friends at Emancipate NC for a 4/20 seminar about the state's challenges in proving simple misdemeanor possession of "marijuana" charges.

A target letter is a clear indication that the recipient is on the radar of federal prosecuting authorities, and should never be ignored.

The Fourth Circuit recently ruled that evidence discovered in the backpack of a North Carolina criminal suspect must be suppressed because the warrantless search was not made lawful under any of the exceptions to the search warrant requirement.

Constructive possession is a common theory of possession when contraband is not found on the defendant's person. To prove constructive possession, the government must prove that the defendant knew the contraband was there, and that they exercised control over it.

The North Carolina Court of Appeals recently affirmed a trial court's ruling that a magistrate-issued warrant for the search of a home was not supported by probable cause to believe that drugs would be found in that particular home and that the evidence found in the home was the "fruit of the poisonous tree" and could not be used against the defendants in support of criminal charges.