Yes, police officers can search a car if they say they smell drugs. And, it doesn’t take a dog! First, the US Supreme Court ruled in the 1981 case of New York v. Belton that when an officer has reasonable suspicion that a person is committing a crime, they are legally allowed to search any area within the person’s immediate reach and control. Also, the North Carolina Supreme Court has long held that the smell of marijuana alone is sufficient to provide probable cause for a search. Such a search could be broader than one based on reasonable suspicion, because […]
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A passenger in a car has the right to challenge the stop of a car in North Carolina, under certain conditions. Generally speaking, in order for a stop to be legally valid and enforceable, it must be based upon a reasonable suspicion that a crime or infraction violation was committed. In the United States, the 4th Amendment of the Constitution guarantees that people have the right to be free from unreasonable searches and seizure. Same or similar provisions are required by the Constitution of North Carolina, and North Carolina General Statutes. Therefore, in North Carolina, if a law enforcement officer […]