North Carolina
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.
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.
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.
North Carolina
Bill Belichick fires former Alabama quarterback, NFL coordinator at North Carolina
North Carolina coach Bill Belichick has fired offensive coordinator Freddie Kitchens and special-teams coordinator Mike Priefer.
“We want to thank Coach Kitchens and Coach Priefer for their commitment and many contributions to our program and student-athletes,” Belichick said in a statement, per ESPN. “We wish them both nothing but the best in their future endeavors.”
Kitchens, the former Alabama quarterback and head coach of the Browns in 2019, was the Tar Heels’ interim coach in 2024.
Belichick brought Priefer to UNC after two decades in the NFL, and two years out of football.
Under Kitchens, North Carolina’s offense ranked 119th in scoring (19.3 PPG) and 129th in total offense (288.8 YPG).
The Tar Heels finished 4-8 overall and 2-6 in the ACC.
Kitchens won Alabama’s Mr. Football honor in 1992 as the quarterback at Etowah High School.
Kitchens shared the quarterback duties at Alabama with Brian Burgdorf in 1995 before taking over full-time under center for the Crimson Tide in the 1996 and 1997 seasons.
After three more college stops, Kitchens entered the NFL as the Dallas Cowboys’ tight-ends coach in 2006 and stayed in the league for the next 17 seasons, including as Cleveland’s head coach in 2019, when the Browns went 6-10.
North Carolina
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.
“I kept backing up little by little by little because I thought, I don’t know what this man is going to do.”
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.
“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.
“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.
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.
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.
“It’s one of those things that we learned.”
The Chowan County Sheriff’s Office has since launched an investigation into Babb’s jailbreak.
North Carolina
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.
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
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.
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.
- “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.”
Please follow us on X when you click right HERE!
Please make sure you follow us today on our Facebook page when you click right HERE!
-
Alaska6 days agoHowling Mat-Su winds leave thousands without power
-
Ohio1 week ago
Who do the Ohio State Buckeyes hire as the next offensive coordinator?
-
Texas6 days agoTexas Tech football vs BYU live updates, start time, TV channel for Big 12 title
-
Washington3 days agoLIVE UPDATES: Mudslide, road closures across Western Washington
-
Iowa5 days agoMatt Campbell reportedly bringing longtime Iowa State staffer to Penn State as 1st hire
-
Miami, FL6 days agoUrban Meyer, Brady Quinn get in heated exchange during Alabama, Notre Dame, Miami CFP discussion
-
Cleveland, OH5 days agoMan shot, killed at downtown Cleveland nightclub: EMS
-
World5 days ago
Chiefs’ offensive line woes deepen as Wanya Morris exits with knee injury against Texans