Almost all Americans are aware that the U.S. Constitution provides them legal protections if they are suspected of or charged with a crime. Because of the importance placed on these protections, it is sometimes difficult to fathom that a person's rights can be overlooked regarding something as simple as a police officer's allegations based on his or her sense of smell. Unfortunately, a North Carolina man now faces drug charges after police say they could smell marijuana, prompting a search.
The incident that led the to 27-year-old man's arrest happened at approximately 10:30 p.m. on a day in March. Officers with the North Carolina Highway Patrol and one county's criminal enforcement teams reportedly initiated a stop after they claim to have witnessed the man commit a traffic violation, though it is unclear what that violation was. Reports indicate that officers claimed they could smell marijuana emanating from the car.
Officials say that a search of the car revealed a gun that had been reported stolen as well as promethazine, a prescription histamine. No marijuana was discovered. The man now faces multiple charges, including possession of a Schedule V controlled substance, possession of a stolen firearm and possession of a firearm by a felon.
Unfortunately, a conviction of the drug charges, and others, that the man faces could have serious consequences. Often, people in North Carolina facing such charges feel unprepared to make informed decisions about their cases in addition to feeling unsure how to address potential rights violations. Fortunately, there are legal professionals who have the necessary experience to guide them through the process.
Source: statesville.com, "Iredell deputies find stolen gun, pills on I-77", March 8, 2018