Legal Question in Criminal Law in North Carolina

My question is why is someone sitting in jail when there 4th amendment right was violated? Is it true if you get pulled over on a bad traffic illegally search your car with out permission and get arrested but don't get a moving citation you can't be arrested? Is that cause for the evidence not to be used in court? If lawyer knows all this why is the process taken so long. Is there anyone to reach out to, that can help make the process of getting out of jail sooner under these circumstances


Asked on 10/26/20, 10:10 pm

1 Answer from Attorneys

It is highly unlikely 4th amendment rights were violated. The law allows for a search incident to an arrest / impoundment - meaning if someone is arrested, law enforcement no longer needs your permission to search. As to sitting in jail - that typically happens when you can not afford bail. Typically a magistrate will set bail and you can often leave within a few hours of being arrested but again what bail is set and when it is set often depends on your attitude and how respectful you are. If all of this was due to a traffic stop and there was no actual 'serious crime' - the most common reason for an arrest, search and sitting in jail is the person was acting like a jerk. This is good 'ol boy North Carolina and if someone mouths off to or is disrespectful to a law enforcement officer, they are likely gonna get taught a lesson in how to act right - usually an expensive one. See here's the deal, once you are arrested - you lose. From there on out it is just increasing degrees of losing. Even if charges get dismissed - you sat in jail, you now have a permanent arrest record which will never go away, you may have had expenses like a bail bondsman, attorney, impoundment fees, etc. and all of that before day one in court or conviction. If you get convicted - you really lose. So when you are involved in a traffic stop in North Carolina - be nice, cooperative and respectful or suffer the consequences and frankly, that is as it ought to be.

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Answered on 10/27/20, 8:51 am


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