Charlotte Personal Injury Lawyer Blog

Charlotte Approves Warrantless Search Of Individuals At Protests And Speed Street

Tue, 01 May 2012 20:50:49 -0500

As mentioned in previous blogs, Police have been taking greater liberties with their searches and seizures of the public. On April 30, 2012, the Charlotte City Council expressed their desire for local law enforcement to search people at what the city deems "extraordinary events." Though no actual definition was offered for what constitutes an "extraordinary event", the definition apparently extends to protests and other events which will likely draw large crowds of people such as the Speed Street festival in May and the 4th of July celebration in uptown. Two additional upcoming events that have been deemed as an "extraordinary event" are Duke Energy's shareholders meeting, and Bank of America's shareholders meeting. Whenever the city designates an event as an "extraordinary event," the public is subject to much more restrictions within the event's boundaries. A list of prohibited items can be found here.

In reviewing the list of prohibited items, restrictions placed on more commonplace items such as coolers and backpacks are clearly questionable. Charlotte City Attorney Bob Hagemann argues that the prohibitions are not unduly restrictive. According to Mr. Hagemann, an officer would only be permitted to search someone if he believed they were carrying or concealing a weapon, thereby upholding the tenants of the 4th Amendment. In other words, as long as a citizen is abiding by the law, he will not be subject to a search of his possessions. Mr. Hagemann's statement certainly makes for a nice statement to the media. In my legal opinion, that is about where the truth of his statement ends. In reality, officers have great latitude in determining whether to search an individual. As a criminal defense attorney, I routinely examine Police interactions with the public, searches, seizures, etc. I believe this measure leaves entirely too much unfettered discretion for law enforcement.

Supreme Court Decides in Favor of Strip Searches of Jail Detainees

Tue, 17 Apr 2012 17:57:31 -0500

The Supreme Court recently delivered its opinion in Florence v. Board of Freeholders. The Supreme Court upheld the validity of strip searches of jail detainees who are being detained for minor offenses. The key inquiry in the case surrounded the type of suspicion required before officials can initiate a strip search of a detainee. It was Florence's proposition that officials need a reasonable, individualized suspicion that the detainee is armed or carrying contraband before an official can conduct the strip search. However, the Court rejected the argument, determining officials are justified in strip searching all detainees. Justice Kennedy wrote in the opinion that such procedures are a reasonable balance between the detainee's privacy and the safety precautions needed for a detention facility.

The ruling in Florence v. Board of Freeholders was delivered eight years after Florence was arrested. Florence was arrested in 2005 during a traffic stop for an outstanding warrant that was vacated by the issuing judge but never removed from the state records. Florence was detained in the county jail and then later transferred to another correctional facility. Florence was subjected to a strip search at both facilities.

N.C. Police Procedures Raise Questions of Privacy Rights in Charlotte

Sat, 07 Apr 2012 10:34:47 -0500

"Big Brother is watching." That is the concern that is facing many lawyers in Charlotte and surrounding N.C. counties, regarding the use of mobile phone data. According to a recent American Civil Liberties Union investigation, Charlotte-Mecklenburg Police Department (CMPD) officers openly admit that they use information obtained from cell phone companies in compiling information against suspects. CMPD Officers routinely gather information regarding a suspect's contacts, phone records, location, and other valuable information, thereby allowing them to keep a detailed track of the suspect. However, according to the investigation, CMPD officers are required to obtain subpoenas and warrants showing probable cause before they seek such records from mobile phone companies.

Unfortunately, the American Civil Liberties Union found many localities in North Carolina and throughout the nation where the authorities are not required to follow such procedures prior to obtaining data from mobile devices. Rather, these law enforcement officials simply issue requests and pay minor fees to the mobile phone providers, and obtain the information. Several Police entities openly admitted ignoring the use of subpoenas and / or warrants.

N.C. Industrial Commission and Lawmakers Address Problems in State's Workers' Compensation Law

Wed, 04 Apr 2012 13:46:14 -0500

On April 2, 2012, the N.C. Industrial Commission announced it would review the policies and procedures currently in place for injured workers to receive workers' compensation. Currently, North Carolina does not investigate whether employers buy workers' compensation insurance. Rather, the state only takes action once an employee is injured. The state also rarely enforces fines for non-compliant employers or arrests uninsured employers even though state law gives the Commission the power to do both.

This lack of enforcement poses a significant problem because recent investigations have revealed that thousands of employers in North Carolina do not buy workers' compensation insurance. Studies have indicated there are at least 170,000 businesses headquartered in North Carolina, but only 140,000 of those businesses are covered by workers' compensation insurance carriers. In other words, there is a large amount of employees left without workers' compensation coverage.

Former Harrisburg Town Administrator Makes First Cabarrus Court Appearance

Fri, 30 Mar 2012 23:43:23 -0500

Michele Reapsmith, the former Harrisburg Town Administrator, made her first court appearance March 19, 2012 facing charges of obtaining property by false pretenses. Ms. Reapsmith is charged with obtaining more than $40,000 by false pretenses. She faces three felony counts.

Ms. Reapsmith worked as Harrisburg's finance director and as the town administrator since 2010. The Cabarrus County Sherrif's Office and the SBI investigations indicate Ms. Reapsmith's illegal activity occurred as early as 2009 when she was first hired. The investigations allegedly revealed that she used the town's payroll system to obtain more than her annual salary. Following investigations, the town opted not to renew Ms. Reapsmith's contract.

Saints Bounty Program Illustrative of Legal Issues Involving Sports Injuries

Thu, 22 Mar 2012 17:17:27 -0500

On March 21, 2012, the NFL suspended New Orleans Saints' head coach, as well as fined the team $500,000 for a bounty program the team advocated. From 2009-2012, the Saints operated the bounty program by offering cash to Saints players who injured their opponents. Twenty-two of twenty-seven defensive players were involved in the bounty program, which paid up to $1,500 for some hits during regular season play. Some players who were particularly targeted were Brett Favre, Aaron Rodgers, Kurt Warner, and Carolina Panthers' Cam Newton who plays here in Charlotte.

The NFL began its investigation in 2010, but the Saints misled the league during the initial investigation, prolonging the NFL's ruling. NFL Commissioner Roger Goodell stated in a press conference the Saints' conduct will not be condoned, and the NFL will not tolerate the deliberate targeting of players. Commissioner Goodell has assured the NFL, as well as the public, that player safety is the primary concern of the NFL, which prompted the investigation.

U.S. Justice Department Investigation Questions North Carolina Court System

Tue, 13 Mar 2012 22:26:46 -0500

In a recent investigation, the U.S. Department of Justice found that the North Carolina court system has not been providing adequate interpreting services. The investigation was initiated after the Justice Department received complaints, including complaints from the N.C. Justice Center, stating that the court system was discriminating against people who speak little to no English.

The investigation found violations in both civil and criminal cases. The investigation found that when sufficient interpreting services were denied, the limited-English speaking individuals often spent additional time in jail in the criminal cases. In some instances, the Defendant was jailed for several weeks before an interpreter was located. One attorney alleged that at least one District Attorney in eastern North Carolina has elicited guilty pleas from Defendants who cannot speak sufficient English in exchange for their release from jail. The investigation also found some litigants who cannot speak English lost custody of their children as the result of not having a proper interpreter translate the proceedings.

Is Charlotte Public Tired Of Prosecutor Misconduct?

Sun, 11 Mar 2012 09:23:03 -0500

Two recent articles have again pointed out some of the issues with the current discovery rules in criminal cases, which have unfortunately lead to abuse by representatives of the State. Under the current rules, the Prosecution is supposed to produce a variety of documentation in discovery such as: all arguably relevant documents, witness names /statements, scientific evidence, tape recordings, relevant correspondence, etc. The State has an obligation to produce any exculpatory materials "Brady material" and materials that would tend to impeach government witnesses or contradict government arguments "Giglio material".

The recent articles note that organizations such as the Innocence Project and Centurion Ministries continue working to overturn unjust convictions obtained in cases where prosecutors acted improperly. The authors of the articles, and many in North Carolina, are starting to wonder why there is such a double standard for the way the court system treats normal Defendants, as compared to prosecutors who are discovered to have engaged in such clear misconduct.

The articles point out that normal sentencing guidelines have some combination of (1) deterrence, (2) protection of society, and (3) retribution components. The authors reveal clear frustration that, despite past incidents of clear willful misconduct of Prosecutors, there has been a lack of punishment by both the Bar and authorities. In the author's mind, such scenarios have been handled with "kid gloves".

Product Recalls Show Importance of Consumer Safety

Thu, 08 Mar 2012 16:46:15 -0500

Moms.Charlotte.com, in alliance with CharlotteObserver.com, recently posted a list of items that have been recalled because they pose a danger or threat of injury to the public. The list mostly focused on items used by children such as clothing, toys, and cribs, but also includes adult clothes, household items, cleaning supplies, and food. Suppliers on the list included well-known companies such as Hoover, Fisher-Price, Disney, and Nestle. A comprehensive list can be found on Moms.Charlotte.com.

The recall list brings attention to items that are sold at discount stores, dollar stores, flea markets and thrift stores. The U.S. Consumer Safety Commission specifically warned consumers that certain items produced by Meijer, Inc. were recalled but later resold at discount stores, dollar stores, flea markets, and thrift stores. The U.S. Consumer Safety Commission advises it is illegal to resale these items that have been recalled. However, this practice clearly occurs. Thus, consumers must be aware of this practice and protect themselves.

Charlotte Area Duke Plant Violates Safety Standards For 28 Years

Tue, 06 Mar 2012 16:08:07 -0500

On February 28, 2012, a watch group cited Duke Energy's Oconee plant, located near Seneca, South Carolina for several safety violations. According to the watch group's report, the plant operated with an inoperable backup emergency cooling system for a lengthy 28 year period.

The Oconee plant installed the cooling system in 1983 in response to a partial meltdown at Three Mile Island, a nuclear plant with a similar design located in Pennsylvania. The cooling system was designed to open if overheating in the reactor building occurred. However, the electrical breakers for the cooling system opened at low temperatures. This defect posed a devastating safety risk, as the backup system could potentially fail to operate and cool the plant if an accident occurred. Although installed in 1983, the system was never tested and was in fact inoperable until June, 2011.

New N.C. Program Illustrates Importance of Jury's Perceptions

Wed, 29 Feb 2012 17:02:50 -0500

The North Carolina Administrative Office Of The Courts in Raleigh recently initiated a statewide program to help jurors emotionally and psychologically cope after seeing disturbing evidence presented during trials. The program, known as the Jury Assistance Program, was developed especially to assist jurors who served on murder and sex-offense trials.

Jurors will be given access to , a password protected website which allows jurors to participate online in various services and discussion forums. Jurors will also be given toll-free contact numbers for licensed professionals as the judge deems necessary.

Charlotte Teen Drivers Will Lose Driver's License Due to Speeding Under New Law

Sat, 25 Feb 2012 18:53:46 -0500

Pursuant to the amended NCGS 20-13.3, which took effect January 01, 2012, any driver age 16 or 17 who is charged with speeding more than 15 miles over the posted speed limit will be arrested and lose his/her provisional driver's license.

"Provisional Licensees" are subject to this statute, and include drivers ages 16 or 17, who have a limited learner's permit or a provisional license issued by NC DMV pursuant to G.S. 20-11. Drivers age 15 with a limited learner's permit are also considered provisional licensees. However, they are not subject to civil license revocation under NGGS 20-13.3 because the Juvenile Code prevents persons under 16 from being arrested.

Proposed Cellphone Ban Raises Several Issues

Tue, 21 Feb 2012 17:38:56 -0500

Chapel Hill council members voted 7-2 on February 20, 2012 to continue discussions regarding a cellphone ban while driving. The cellphone ban would prohibit hand-held phone calls while driving, or perhaps even hands-free phone calls. The town ordinance would be in effect for all roads within the town limits, including those that are owned by North Carolina. The ordinance would mandate a $25 fine for violations.

Supporters of the ban argue that it will help combat the dangers of driving and talking on mobile phones simultaneously. Supporters also argue that once violators encounter the $25 fine, they will be more apt to pay attention to their driving. The council will vote on the ban on March 12, 2012.

Charlotte Area Cases Illustrate Complexities In White Collar Crimes

Thu, 09 Feb 2012 20:42:16 -0500

Thursday, February 09, 2012, proved to be a busy morning in the Mecklenburg County courthouse for white collar convictions. John Knox Bridges plead guilty to several federal charges of securities fraud and money laundering. Spanning a period of four years, Mr. Bridges obtained over $2.3 million from individuals as a result of his fraudulent acts. Mr. Bridges frequently told individuals elaborate stories to obtain such funds, claiming that he needed the money because he was a victim of identity fraud or promising to invest the money in Texas Oil Companies on behalf of the defrauded individuals. Mr. Bridges is currently out of custody on bond, awaiting his sentencing hearing. Based on the Federal Sentencing Guidelines, Mr. Bridges faces between 57 and 71 months in prison.

In an unrelated case, Ricky Dean Hardee was sentenced to 21 months in federal prison for tax evasion. From 2002 to 2007, Mr. Hardee operated a contracting business and instituted an elaborate scheme where he avoided paying $1.52 million in taxes.

Charlotte Among Nation's Most Dangerous Cities for Pedestrians

Tue, 07 Feb 2012 12:06:05 -0500

According to a new report from Transportation for America, Charlotte is the seventeenth most dangerous area for pedestrians. Transportation for America studied traffic patterns for 52 metropolitan areas with more than one million people from 2000-2009. The report indicates that 208 pedestrians were killed during this nine year period in Charlotte, accounting for 17 percent of all traffic fatalities in Mecklenburg County.

The report also indicated that Raleigh is the 13th most dangerous city for pedestrians. Charlotte and Raleigh are more dangerous than larger cities and more notorious cities with higher traffic such as Los Angeles, Washington, D.C., and New York City. The report further indicated that pedestrian safety has declined over the past decade for many metropolitan areas and pedestrian deaths have risen. Transportation for American attributes these trends to the fact that pedestrian safety is not high on the priority list of many municipalities' concerns.