State v. Simmons, 201 N.C. App. 698 (Jan. 5, 2010)

Standing alone, the defendant’s statement that a plastic bag in his car contained “cigar guts” did not establish probable cause to search the defendant’s vehicle. Although the officer testified that gutted cigars had become a popular means of consuming controlled substances, that evidence established a link between hollowed out cigars and marijuana, not between loose tobacco and marijuana. There was no evidence that the defendant was stopped in a drug-ridden area, at an unusual time of day, or that the officer had any basis, apart from the defendant’s statements, for believing that the defendant possessed marijuana.