The North Carolina Supreme Court will hear a case challenging a traffic stop in Greensboro in 2021, where police officers claimed to have smelled marijuana and a “cover scent.” The accused, Tyron Lamont Dobson, argues that he would not have been convicted of a firearm offense without the objectionable search.
A unanimous panel of the state Court of Appeals ruled against Dobson in April 2024. Dobson’s lawyers requested the higher court to review the decision in July 2024, citing two key questions related to the search.
The State Supreme Court issued an order on Friday rejecting Dobson’s petition on the first question but allowing his appeal on the issue of the “double scent.”
During a traffic stop in January 2021, Greensboro police officers “perceived what they believed was the smell of marijuana.” They also noticed a strong smell of cologne or fruity scent. After a search of the vehicle, the police found drugs, leading them to search Dobson and find a gun on him.
Dobson’s lawyers argued that the search was unconstitutional, but Dobson ultimately pleaded guilty to a firearm offense. However, he continued to challenge the initial search.
The Court of Appeals upheld the police’s actions, stating that the smell of marijuana and cover scent justified the search. Dobson’s petition to the Supreme Court argues that the Court of Appeals’ analysis was constitutionally unfounded and created a new rule of “double smell.”
The case raises questions about the legality of searches based on multiple scents and the impact of the legalization of industrial hemp. Dobson’s lawyers argue that the presence of a cover scent should not automatically imply the presence of marijuana. The Supreme Court’s ruling on this case could have implications for future search and seizure cases based on sensory evidence.
Note: The image is for illustrative purposes only and is not the original image associated with the presented article. Due to copyright reasons, we are unable to use the original images. However, you can still enjoy the accurate and up-to-date content and information provided.
