It has been a while since my last post on cannabis and criminal law issues, and it is past time for an update. In addition to a number of state cases grappling with search and seizure issues surrounding cannabis, there have been recent developments in the area on the federal and tribal levels. Today’s post will focus on search and seizure issues in marijuana prosecutions. Part II will cover drug identification issues and other recent issues affecting the state of cannabis law. Sight and Odor of Cannabis = Reasonable Suspicion. In the recent case of State v. George, COA22-958, ___ N.C. App. ___; ___ S.E.2d ___ (Mar. 5, 2024), the Court of Appeals concluded that the officer’s smell of suspected marijuana combined with the sight of suspected marijuana residue on the floor of the car provided reasonable suspicion, justifying the officer’s extension of the traffic stop to investigate the potential drug offense. In addition to the suspected sight and odor of marijuana, the defendant refused to make eye contact with the officer and was “shaking very nervously.” This outcome is unsurprising to me. Assuming arguendo that the sight or odor of what appears to be marijuana is no longer probable cause without some additional facts, reasonable suspicion is an even lower standard — “a minimal level of objective justification, something more than an unparticularized hunch.” George Slip op. at 9 (internal citation omitted). Given the low bar for reasonable suspicion, it seemed likely that the sight or odor of cannabis would [...]
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