For the first time, police in North Carolina are allowed to turn on their lights and siren to pull over any motorist, even when they have done nothing wrong. In a ruling last month, the North Carolina Court of Appeals for the first time in the state created a “community caretaking” exception to the Fourth Amendment. It was used to convict Audra Lindsey Smathers.
On May 27, 2010, Smathers had been driving her red Corvette down Highway 280 when Transylvania Sheriff’s Deputy Brian Kreigsman pulled in behind her. She was driving at the 45 MPH speed limit, and the deputy noted nothing suspicious or illegal. Suddenly, a large dog ran in front of the Corvette. She hit the dog, which caused the car to bounce. Continue reading “North Carolina Appeals Court Upholds Traffic Stop Without An Offense”