Raleigh DWI Lawyer Skeptical About Credibility of Drug Recognition Experts (DRE)

Over the years, law enforcement officials have intensified efforts to crack down on individuals driving while impaired (DWI) by relying on Drug Recognition Experts (DRE). Police officers who become certified DREs evaluate drivers suspected of being impaired by drugs by applying a 12-step process; aside from impairment, their skillset supposedly lets them identify the type of drug as well.

The DRE program means well and counties across North Carolina welcome these trained officers to boost road safety. However, recent incidents have called its credibility into question.

DRE Can Sometimes Stand for Drug Recognition Errors

A few prominent cases that shed doubt on DREs occurred in Georgia, where investigative journalists revealed that a DRE from Cobb County, police officer T.T. Carroll, had arrested at least three drivers while they were sober. Read more from this article: http://bit.ly/2Af94Yy

A Reminder from Drug Lawyers: Raleigh Police Can’t Detain You to Wait for a Drug-Sniffing Dog

Imagine this scenario: while driving around Raleigh, a police officer pulls you over and asks for your license. He questions you and perhaps issues a traffic ticket – and then makes you wait forever while he calls for a drug-sniffing dog to arrive and inspect your car.
What should you do in such a situation? Should such a thing even happen?

Unreasonable seizures and reasonable suspicion

According to a 2015 Supreme Court ruling, this scenario amounts to a violation of the Constitution’s shield against unreasonable seizures. An officer “may conduct certain unrelated checks during an otherwise lawful traffic stop,” wrote Justice Ruth Ginsberg in the 6-3 decision, but “may not do so in a way that prolongs the stop, absent the reasonable suspicion ordinarily demanded to justify detaining an individual.”  Read more from this article: http://bit.ly/2Af8TfQ

Raleigh Criminal Attorneys Speak on DA’s Decision Not to Press Charges Against NCSU Football Players

Five football players from North Carolina State University (NCSU) will not be charged with sexual assault, following an investigation into allegations raised against them earlier this year.

“Our office has undertaken a detailed review of the information provided from the investigation by North Carolina State University police,” said Wake County District Attorney (DA) Lorrin Freeman. “The evidence does not support moving forward with a criminal prosecution.”

Three female students had said five young male athletes assaulted them during a party at a campus apartment in July. NCSU Police Chief Jack Moorman then called the case “unusual”, since the assaults reportedly happened separately – while in the same location – in a span of 90 minutes. Read more from this article: http://bit.ly/2hMcieW

Raleigh Criminal Lawyer Wonders Why are Mistakes Made By Police, Courts and Prosecutors Remain Secret to the Public

As an experienced criminal defense attorney, I know that the justice system is not flawless. Actually far from it.

Police can (and often do) make serious mistakes during an investigation. Analysts and clerks may accidentally mishandle (or completely lose) valuable evidence. In addition, prosecuting attorneys and judges might unintentionally overlook important details during a trial. While their missteps can be understood as human error, they can come at great human cost – like wrongful convictions.

Take the case of Joseph Sledge, an innocent man convicted of double murder in 1978. He was exonerated in 2015 partly because evidence that would have cleared his name was rediscovered. A county clerk recently found it misplaced on the top shelf in an evidence room; it had been deemed missing for over 30 years. Read more from this blog: http://bit.ly/2yq4E3D