Commentary by Dillon Sharpe
On July 7, 2025, Emancipate NC Attorney Dillon Sharpe successfully defended a client in Mecklenburg County Superior Court who participated in a peaceful pro-Palestine demonstration that took place in Charlotte, North Carolina, on January 11, 2024. The case was set for a jury trial, and Sharpe filed a pre-trial Motion to Suppress to challenge the stop of our client and her arrest. Our client was exercising her First Amendment Rights to Free Speech, Free Expression, and to Protest when she was stopped and arrested by Charlotte-Mecklenburg Police Department.
Our client was on private property, with permission, and participated in a demonstration that was lawful and peaceful. CMPD officers ran onto private property to stop her peaceful demonstration, grabbed her, and demanded that she provide her ID or name. The officers never witnessed our client committing a crime, nor was she about to commit a crime.
Our client exercised her right to reasonably resist unlawful police conduct and her right to question and criticize police while not providing her ID. The officers violated her 4th Amendment right to be free from illegal searches and seizures.
The Honorable Judge Nathaniel Poovey agreed that the officers were not giving lawful commands, which meant that our client did not have to follow those commands, nor were the officers allowed to enter onto private property without a search or arrest warrant, or without witnessing or being told of a crime being committed.
The Motion to Suppress was granted, all evidence after the officers illegally grabbed our client could not be used at trial, the State had to dismiss the case, and our client was able to go home with a clean record.
At Emancipate NC, we support people who exercise their rights provided by the First Amendment to voice their opinions and protest injustice. Always plan ahead before participating in peaceful protests: stick together, comply with lawful commands, record your encounters (if possible), and exercise/vocalize your rights in a clear and peaceful manner. Always discuss your case with a legal professional and assess the issues in your case.