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North Carolina Appeals Court Debates Whether Cannabis Aroma Establishes Probable Cause for Search | High Times

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North Carolina Appeals Court Debates Whether Cannabis Aroma Establishes Probable Cause for Search | High Times


Is it cool to use the smell of cannabis as probable cause to search a car? While most readers likely answer with a resounding “no,” just such a question is currently being hashed out, pun intended, by courts in North Carolina, a state that historically leans conservative. 

On Tuesday, the North Carolina Court of Appeals overturned a lower court’s ruling to exclude evidence gathered during a traffic stop. This decision comes amidst ongoing legal debates regarding whether the mere scent of cannabis alone constitutes enough grounds for police to conduct a search of a vehicle.

While hemp is legal in North Carolina, the Tar Heel state has not joined the legions of others in legalizing cannabis. But hemp’s legal status is at the crux of the case, bringing about the current legal debate. However, in 2021, North Carolina clocked in at third place for the highest level of cannabis arrests, the incident in question could be one of thousands.

On May 17, 2021, a Charlotte-Mecklenburg Police Department officer conducted a traffic stop of Antonio Demont Springs, citing a suspicion regarding his vehicle’s license plate. The court document noted Springs’ apparent anxiety as the officer neared the vehicle, as evidenced by his trembling hands while handling over his paperwork.

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The cop discovered that Springs was operating the vehicle with a revoked license, and further investigation revealed that the license plate was a fake. When questioned about the scent of cannabis, Springs denied having smoked in the car. “I just got the car from my homeboy,” Springs told the officer. “That’s probably why.”

The cop in question then asked Springs to get out of the vehicle. The officer opened a Crown Royal bag and found a digital scale, “a green leafy substance,” per the opinion, two baggies of white powder, and baggies of pills. Just reading about such a run-in with the law is enough to make one’s hands shake. 

Springs faced charges including possession of drug paraphernalia, drug trafficking, and intent to sell or distribute a controlled substance. He challenged the legality of the evidence obtained by the cop, arguing that there was no probable cause for the car and his Crown Royal bag search. Springs pointed out that in North Carolina, hemp is legal and cannot be visually or olfactorily distinguished from its euphoria-inducing marijuana relative. Therefore, he argued, the mere smell of marijuana alone should not be enough grounds for police to search vehicles in the state. 

Springs cited a memo from the State Bureau of Investigation, which clarifies that while industrial hemp and marijuana are the same plant species, as hemp typically does not contain enough THC to be psychoactive, not to mention, is legal, police should not be able to pull folks over for what may be deemed a suspicious smell alone. The memo highlights that the legalization of hemp presents challenges for law enforcement, as there is no straightforward method for police to differentiate between hemp and marijuana. Such a fact may be tricky for cops, but it’s a win for citizens and anyone interested in lowering the incarceration rate in North Carolina. 

The trial court sided with Springs. They concluded that since hemp is legal and has a similar odor to marijuana, the smell alone does not justify sufficient cause for a police vehicle search. 

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But the Court of Appeals disagreed, writing: “This Court and our state Supreme Court have repeatedly held that the odor of marijuana alone provides probable cause to search the object or area that is the source of that odor,” wrote Judge Toby Hampson, a Democrat, joined by Judge Jefferson Griffin, a Republican. Hampson did note a Court of Appeals decision from 2021 that reads: “The legal issues raised by the recent legalization of hemp have yet to be analyzed by the appellate courts of this state.”

However, in Springs’ situation, unfortunately for him, the officer had multiple other factors indicating probable cause, such as his comment about his friend potentially having smoked weed in the car, not to mention the invalid license and a fake license plate. Hampson elaborated that the policeman was aware of other elements besides the smell, concluding that the trial court was mistaken in trying to suppress the evidence obtained from the search.

He also criticized the state’s attorneys for not adhering to the Rules of Appellate Procedure, as they failed to “provide any basis for appellate review” in their submission.

It’s one of many incidents that will undoubtedly continue to play out as the U.S. reckons with and reassess the ongoing and evolving cannabis laws. During September of last year, the State of Minnesota Court of Appeals affirmed that cannabis odor doesn’t constitute enough probable cause alone to search a vehicle. However, in Wisconsin, the reverse ruling came in, as courts decided despite the legality of CBD, cannabis odor was enough to search a car.



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Ex-senator’s wife, 75, found escaped inmate cowering in the backseat of her car: ‘I was shaking like a leaf’

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Ex-senator’s wife, 75, found escaped inmate cowering in the backseat of her car: ‘I was shaking like a leaf’


The 75-year-old wife of a former Republican North Carolina senator had a frightening start to her week when she discovered an escaped inmate hiding in the backseat of her car, according to local reports.

Marie Steinburg, married to ex-State Senator Bob Steinberg, left her Edenton home for work around 7:30 a.m. Monday when she unlocked her Honda Civic and found 23-year-old accused thief Charles Babb cowering in the backseat, with a blanket wrapped around his orange prison jumpsuit.

“I headed out the door, and I clicked the unlock, and it must have scared the guy, because the next thing I know, I saw something moving in my backseat,” the startled senior said, WTKR reported.

Charles Babb, 23, was found cowering in the back of Marie Steinburg’s Honda Civic after breaking out of the Chowan County Detention Center. WAVY 10

“I kept backing up little by little by little because I thought, I don’t know what this man is going to do.”

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Babb — who police said escaped from the Chowan County Detention Center Sunday night — then jumped out the car.

While residents were urged to lock their doors and windows, stay inside, and avoid interacting with the armed and dangerous fugitive, Steinburg said she remained calm and began talking to him.

Marie Steinburg, 75, made the startling discovery Monday morning when she left the house for work. WAVY 10

“I figured if I was nice to him, he’d be nice to me,” she said, WAVY reported.

“I just figured that was the thing to do because I didn’t know if he was really dangerous,” Steinburg explained, adding that “he kept saying, ‘I’m sorry, I’m sorry, I’m sorry. I’m so cold.’ And, you know, I was startled and I know he was too. And I said, “Well, hey, let me go in and get you a coat.’”

Steinburg said Babb then turned and raced down the driveway — reportedly leaving behind his prison sandals and a face mask — as she ran inside, called out to her husband, and dialed 911.

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Steinburg said Babb was cowering in her backseat with a blanket wrapped around his orange prison jumpsuit. WAVY 10

“I got in as fast as I could,” she recalled, according to WTKR.

“I was shaking like a leaf, and I could barely get the key in the lock, but I did.”

The Edenton Police Department apprehended the convict nearby shortly thereafter.

Police did not give details on how Babb escaped jail, other than to say he used a make-shift edged weapon. He was being held on felony breaking and entering and larceny charges before his breakout, according to the Daily Advance.

Babb raced down the driveway, leaving behind his prison sandals and a face mask. WAVY 10

Her husband, who advocated for prison reform during his 10 years in office, praised his wife for how she handled the terrifying situation, believing a higher power was looking out for them.

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The couple added that they will never forget to lock their car doors again.

“Oh let me tell you, if I don’t, [my husband] is gonna,” a relieved Steinberg said.

The Edenton Police Department apprehended the convict nearby shortly thereafter. WAVY 10

“It’s one of those things that we learned.”

The Chowan County Sheriff’s Office has since launched an investigation into Babb’s jailbreak.

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How Seth Trimble’s Injury Unlocked North Carolina’s Potential

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How Seth Trimble’s Injury Unlocked North Carolina’s Potential


Injuries are an unfortunate element in sports, and that has been relevant for the North Carolina Tar Heels this season. Now, most of the time, those injuries occur in games or practices. That was not the case for Seth Trimble, who suffered a broken arm in a workout accident.

The senior guard has not played since the second game of the season against the Kansas Jayhawks on Nov. 7.

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Nov 7, 2025; Chapel Hill, North Carolina, USA; North Carolina Tar Heels head coach Hubert Davis with guard Seth Trimble (7) in the second half at Dean E. Smith Center. Mandatory Credit: Bob Donnan-Imagn Images | Bob Donnan-Imagn Images

Although the injury forced the Tar Heels’ coaching staff and players into an uncomfortable situation, the team has responded, winning six of seven games in Trimble’s absence. You never want to see a player suffer a significant injury, but in this particular case, it has opened the door to possibilities that North Carolina may not have been aware of if this never transpired.

Here is why Trimble’s injury has not been doom and gloom for the Tar Heels in this early portion of the season.

Unlocking a Potential Star Off the Bench

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Dec 7, 2025; Chapel Hill, North Carolina, USA; North Carolina Tar Heels head coach Hubert Davis talks with guard Derek Dixon (3) in the second half at Dean E. Smith Center. Mandatory Credit: Bob Donnan-Imagn Images | Bob Donnan-Imagn Images

Before the last two games, North Carolina’s backcourt situation appeared to be a significant shortcoming for the Tar Heels. Because of that, Davis was forced to expand his bench with the hopes of unlocking the offense while supplying consistent production.

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That has elevated freshman guard Derek Dixon’s role in the rotation, which has proven to be pivotal in North Carolina’s wins in the last two games against Kentucky and Georgetown. During that span, the 6-foot-5 guard has averaged 11.5 points while shooting 53.3 percent from the field and 50 percent from three-point range.

With the rotation becoming solidified in recent weeks, head coach Hubert Davis explained how the backcourt has taken shape following the Tar Heels’ win over Georgetown on Sunday.

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Dec 7, 2025; Chapel Hill, North Carolina, USA; North Carolina Tar Heels head coach Hubert Davis talks with guard Kyan Evans (0) and guard Derek Dixon (3) in the second half at Dean E. Smith Center. Mandatory Credit: Bob Donnan-Imagn Images | Bob Donnan-Imagn Images

  • “I really like [Kyan] and Derek [Dixon] on the floor at the same time,” Davis continued. “I’ve always said that I love multiple ball handlers. You can’t take us out of our offense. And with those two, with the way that Georgetown was switching defenses, we always had somebody that can handle the basketball and get us into a set and get us organized.”

  • “So, it’s trying to figure out rotations,” Davis continued. “And then when Seth comes back, it’s finding it again. Different combinations is one of the things that I was excited about coming into the season. That is the versatility that we have, that we can throw out a number of different rotations out there that can be really effective on the floor.”

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Seasonal flu virus numbers increase across NC; NCDHHS shares tips to stay healthy this season

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Seasonal flu virus numbers increase across NC; NCDHHS shares tips to stay healthy this season


RALEIGH, N.C. (WTVD) — Flu-related illnesses and deaths have been rising across the state, according to the North Carolina Department of Health and Human Services.

Three flu-related deaths were reported within the past week, bringing the number of deaths to nine this season.

North Carolina reported 542 flu-related deaths for the 2024-25 respiratory virus season; this is the highest number of statewide flu deaths ever recorded in NC.

So far, no flu-related deaths in children have been reported in North Carolina.

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SEE ALSO | Flu concerns grow in US as UK sees more cases among kids

Influenza A (H3N2) virus strain known as subclade K has spread worldwide, and it is the most often reported flu virus so far this season in the U.S.

State Epidemiologist Zack Moore says the flu is spreading quickly in our state and says flu vaccines are the most important tool to protect yourself from illness or death.

As holiday travel and gatherings ramp up, NCDHHS shares the following tips to keep yourself and loved ones safe and healthy:

  • Regularly wash your hands with soap and water. Alcohol-based sanitizers can help prevent the spread of some respiratory viruses.
  • Avoid touching your eyes, mouth, and nose.
  • Clean and disinfect surfaces and objects that are often touched.
  • Cover coughs and sneezes with a tissue and throw it away into the trash.

Stay home when sick: Avoid going out if you can and take steps to prevent spreading the flu to others in your home, such as using a separate bathroom, not sharing cups, towels and utensils, and wearing a mask when around other people.

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