Top Rated Greensboro Trial Attorney Discusses Search and Seizure

Chad D. GarrettFounding attorney · Criminal Defense, DWI and Traffic Law

Updated October 1, 20242 min read

The U.S. Constitution’s forth amendment reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This amendment is responsible for the exclusionary rule, and carves out exceptions for warrantless stops and seizures. Every vehicle case or DWI case starts with the same analysis – the stop. Your exploration should hit these topics:

• Was there a seizure?
• If yes, there was a seizure, was it proper based on a reasonable suspicion or other proper legal standard?
• If yes, was the scope of the officer’s subsequent actions sufficiently limited?
• If an arrest occurs, was there probable cause?
• If there was a search, was it permissible based on probable cause?

Depending on how you answered these questions, you may have a suppression motion available.

If there has been no seizure, the forth amendment is not applicable. If a seizure did occur, the “free to leave” standard is invoked to determine if the person has been seized.

This is a “reasonable person” standard, and an objective one.

Founding attorney

Chad D. Garrett

Criminal Defense, DWI and Traffic Law

Chad practices criminal defense, DWI and traffic law in Guilford County and across North Carolina. He is the author of ABC's of Traffic Law, ABC's of DWI and DWI Essentials.

• Continuing Legal Education Instructor of the Year, North Carolina Bar Association
• Former President, Greensboro Criminal Defense Lawyers Association
• Board Member, Criminal Justice Section, North Carolina Bar Association

Read Chad's full profile →

This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.