Issue

Traffic stop—warrantless search—reasonable suspicion—probable cause—totality of circumstances—marijuana odor

Summary

The trial court properly denied defendant's motion to suppress evidence where law enforcement officers had, under the totality of the circumstances, reasonable suspicion to conduct a Terry search of defendant's person and probable cause to conduct a warrantless search of defendant's vehicle. Relevant factors included: defendant's failure to pull over in response to a police vehicle's blue lights and sirens; defendant's presence in a "high crime area"; a marijuana odor coming from defendant's vehicle; defendant's evasive behavior during questioning; and defendant's prior criminal history. These circumstances, including the subsequent discovery of a marijuana "blunt" in defendant's pants pocket, were sufficient to create 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 →