Issue

Traffic stop—warrantless search—probable cause—totality of circumstances—marijuana odor only one factor

Summary

The trial court properly denied defendant's motion to suppress evidence found during a traffic stop where law enforcement officers had probable cause under the totality of the circumstances to conduct a warrantless search of defendant's person and vehicle. Relevant factors included: the excessive speed of the vehicle (a traffic violation which provided the officers with legal justification to initiate the stop); a marijuana odor; a cover scent (which, based on the officers' experience, was a common tactic used to mask the scent of marijuana); the criminal history of the vehicle's occupants; and a background check that revealed defendant had serious pending charges. Although the presence of a handgun on the car's dashboard was not a factor in the inquiry–because the driver provided her credentials as a probation and parole officer–the remainder of the circumstances collectively supported an inference that evidence of criminal activity would be discovered in the car; thus, the searches of defendant's person and vehicle were objectively reasonable under the Fourth Amendment.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →