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violations of rights Archives

Police must read you your Miranda rights

Law enforcement officers here in North Carolina and elsewhere in the United States are required by law to give you a Miranda warning when placing you under arrest. Police must do this so that you're reminded that your actions can send a message about whether or not you're guilty of a crime. If a law enforcement officer fails to tell you about these rights, then any evidence that is discovered after that may be thrown out by a judge.

You don't have to consent to police frisking or vehicle searches

In most states including North Carolina, law enforcement officers aren't required to take out a search warrant to go through your vehicle during a traffic stop. Police here in Statesville and elsewhere in the state need only to have probable cause to be able to do this. This means that law enforcement officers must be presented with evidence or facts that you've engaged in criminal activity for such a search to be lawful. There are steps that you can take to reduce your risk of having your vehicle searched.

When are police entitled to search a car without a warrant?

If you ask most North Carolina motorists about the grounds on which they can be stopped by a police officer, they'll likely tell you that it can only happen if they saw them engage in illegal activity or have reason to believe that they're still engaging in it. Most residents may be less sure about a police officer's right to search their vehicle without a warrant. It can be lawfully done in a variety of circumstances.

What should you do when police pull you over?

Whether it's for allegedly speeding, a burned-out taillight or at a drunk driving checkpoint, most every veteran North Carolina motorist has been pulled over by police on at least one occasion. Since these instances don't happen all the time, it can be difficult to know how to respond to them. This is why it's important to know what your rights are in these situations.

Not all traffic stops are lawful

North Carolina motorists are often pulled over by police because they run red lights, speed or forget to activate their turn signals. Some of these can also be signs that a motorist is intoxicated from drugs or alcohol. It's possible for someone in Statesville to be stopped for having a broken headlight, expired tags or a potentially hazardous mechanical defect. Not all stops are lawful, however.

Did the police violate your Miranda rights during your arrest?

You've heard them stated on TV and in movies hundreds of times: "You have the right to remain silent . . ." But the first time you hear the Miranda rights directed at you by a police officer, your mind can be so jumbled by nerves that you might unintentionally waive your Fifth Amendment rights against self-incrimination.

The rights of hearing-impaired people in police encounters

Any interaction with law enforcement can be frightening and stressful. However, for people who are hard of hearing or deaf, dealing with officers can be especially difficult. It's been estimated that as many as 9 percent of people may be hearing impaired to some degree. As our population ages, that number will likely rise.

Do you have to answer an officer's questions when pulled over?

The Raleigh Police Department has posted a video online showing a simulated traffic stop in order to provide guidance to motorists about what to do if they're pulled over by an officer. In the video, motorists are told that they should answer any question the officer asks.

Student housing rights may not be absolute

Many Americans spend their first years out of the house in a college dormitory or off-campus housing. North Carolina's fine higher education options attract many students to apartments owned by other people or institutions, and they should know the expectations of their tenancy in these homes.

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