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NC: Loose tobacco is a factor in the totality of circumtances for PC for marijuana possession

By John Wesley Hall, Jr.

Loose tobacco can be a factor in the totality of circumstances for probable cause. State v. Simmons, 2010 N.C. App. LEXIS 36 (January 5, 2010): Although the State has cited a number of cases in its brief involving the presence of loose tobacco, State v. Jacobs, 162 N.C. App. 251, 253, 590 S.E.2d 437, 439 (2004) (stating during the recitation of the facts that the investigating officer, while examining the interior of a car, recovered a bundle of bills and noticed an odor of marijuana and the presence of loose tobacco that the officer believed to have come from hollowed-out cigars used to smoke marijuana); People v. Shabazz, 301 App. Div. 2d 412, 413, 755 N.Y.S.2d 20, 22 (2003) (holding that the trial court properly denied the defendant's motion to suppress the search of a car since a bag that had been thrown from the car contained a cigar that had been modified for the purpose of smoking marijuana and since loose tobacco or marijuana could be seen on the floorboard of the car); People v...continue to full post

Full post as published by Fourth Amendment on January 08, 2010 (boomark / email).