The North Carolina Court of Appeals overturned a drug conviction this week where it was determined the initial arrest and search were a violation of the defendant’s rights. Maurice Donnell White pled guilty to possession with intent to distribute cocaine in 2010 for the offense that took place in 2008.

White was hanging out with some friends on a street corner in Southern Pines when two officers in an unmarked car came in the area to respond to a noise complaint. There wasn’t any indication that the noise was coming from White and his associates, however.

The officers parked their car behind a trash bin, about 35 feet from the group, and approached the men. White ran away when the officers began walking towards them. They chased him and caught up when he tripped and fell.

A search revealed White had a bag of cocaine. He was initially charged with two different drug offenses and resisting a police officer. As part of his plea agreement, one of the drug charges was dropped and the grand jury did not issue an indictment for resisting.

While two Superior Court judges sided with the state, White’s attorney was able to successfully argue his case before the Court of Appeals three-judge panel where the conviction was overturned.

The Appeals Court Judge said that there was no way for White to know that the men approaching him were police, that they wanted to speak with him, or even that they were there, as they hid their car and approached in the dark.

While the police can stop someone when there is probable cause, the court determined there was no cause here. Judge Robert N. Hunter Jr. wrote “To conclude the officers were justified in effectuating an investigatory stop, on these facts, would render any person who is unfortunate enough to live in a high-crime area subject to an investigator stop merely for the act of running.”

This is a notable case, not because it’s ruling is far reaching or even because the case is well known or particularly dramatic, but because cases just like this one happen quite often and they never see the light of day, let alone a legally sound ruling by an appeals court.

Being stopped by police for no other reason than how you look and where you are at the moment is not an unheard of situation, though the vast majority of people are hesitant to accept this fact or attribute any causes to it.

When you are confronted by the police and subsequently charged with a crime, it helps to know you have someone on your side that is sympathetic to your cause. Contact our offices today to speak with a criminal defense attorney about the facts of your case.

Last week we posted a blog about Sheriffs of the state asking for open access to patient’s prescription drug information. Now the state’s top law enforcement official, Attorney General Roy Cooper, is supporting this same level of invasive access. The ACLU has spoken out against such a possibility, though it’s currently unclear where the debate will lead.

According to the Charlotte Observer the ACLU spoke out in opposition of a bill that would’ve opened patient prescription records to cops back in 2007. They will likely do the same if another piece of legislation is drafted now.

It’s a privacy issue. Your medical health and need for prescription drugs shouldn’t be open for police to casually read through, suggesting perhaps you have a drug problem. Though prescription drugs abuse is on the rise, that doesn’t give them the right to view all of those with prescriptions as people with a potential problem.

In North Carolina, prescription drug abuse deaths rose from 798 to 826 from 2008 to 2009. While this isn’t a dramatic leap, it is growth, and a number that has steadily been climbing throughout the past several years.

North Carolina isn’t alone in this struggle, however, as A.G. Cooper’s statements were made in Charlotte at a conference involving officials from 25 states. Prescription drug abuse is something affecting people across the country. Does that give the government the right to infringe on what would otherwise be considered medical privilege—I think not.

Just how can officials combat the rising abuse of prescription drugs and prevent future growth in the related deaths—perhaps by working with doctors to prevent addicts’ access to the drugs or to prevent what’s called doctor-shopping. Infringing on the rights of many to catch a few, however, simply doesn’t seem fair.

The bottom line is, however, if you are caught in possession of prescription drugs that aren’t yours or driving under the influence of prescription drugs that are, you can face criminal charges.

Drug charges are nothing to take lightly. Because officials in the state see the rising numbers of prescription related deaths, you can bet your case will be taken very seriously in the criminal courts. Contact our attorneys today to discuss your case and what can be done to protect yourself in court.

North Carolina Sheriff’s are asking for unfettered and unprecedented access to patient data in the name of prescription drug law enforcement. While this would certainly make life easier for sheriff’s and police officers looking for patterns in the illegal prescription drug trade, it is a disaster for medical privacy and individuals.

photo credit: somegeekintn

According to the News & Observer, the North Carolina Sheriff’s Association lobbied the state legislative health care committee to open access to the state collected data submitted by pharmacists.

There is no doubt that prescription drug abuse and trafficking is increasing nationwide, and is among the fastest growing drug charges in NC.  Substances like Oxycontin and Vicodin (Hydrocodone), and other legal drugs that can be abused are popular and easy to get.

The state department of health and human services started collecting drug data from some doctors and pharmacies in 2007. It was an effort to monitor physicians who might be over-prescribing pain medications, and patients (and potential drug distributors) who might be “doctor shopping”, looking for different doctors to continuously write prescriptions for pain medications, either for personal use or for illegal drug sales.

But to suddenly grant widespread access to NC Sheriff’s looking for prescription drug trade would be a huge blow to medical privacy rights.

Anyone with chronic pain or medical problems could suddenly be a suspect, solely based on what should be confidential information between a doctor and patient. The government shouldn’t be able to give away that right to privacy.

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(via Glenn Greenwald)

The year isn’t over and already Heroin Deaths in Charlotte have more than tripled from last year. According to this report from the Charlotte Observer, from 2008, overdoses are up 25 from 8 to 33 while deaths from the drug are up from 3 to 10, and we still have 2 months to go.

The Mexican drug trade is being blamed for the rise in heroin in the Queen City where police are frightened drug related violent crime will see a spike as well. According to the Observer, officials haven’t seen a jump in related violence yet, however.

Heroin, which initially became popular in the late 70s and 80s is experiencing a resurgence across the country and North Carolina is not an exception. Mentioned as one of the cities where Mexican drug traffickers maintain “drug distribution networks”, it is no shock that Charlotte is following the trend like other major cities and suburbs in the U.S.

The Charlotte Police report that seizures of heroin this year has more than quadrupled. So far, at the writing of this report, officials have seized 4,989 grams, up from a total of 1,075 for all of 2008.

One of the lures of black tar heroin is its affordability. As far as drugs go, this one is cheap and that initial cheap high can get people hooked and hooked fast. Like all other drugs classified as a Schedule 1, heroin is considered one of the most addictive dangerous illicit drugs available.

Drugs are classified under the law according to their risk for addiction. Schedule I drugs are highly addictive and the most dangerous. They also deliver the most stringent criminal penalties.

Heroin, ecstacy, LSD, and mescaline are all Schedule I drugs under N.C. law. Possession of heroin could get you a felony on your record and a prison sentence to boot. Drugs like cocaine and meth are Schedule II substances and are considered misdemeanors when it comes to possession.

However, if you have enough of a controlled substance in your possession, you could face charges of possession with intent to deliver and face much more serious penalties like several years behind bars, exorbitant fines, drug treatment, and supervision following your release.

Whether you got caught up in this resurgence of heroin or if you are just facing charges of marijuana possession, you need an experienced defense attorney on your side. Contact our attorneys immediately about your case so we can work on it together.