The Court of Appeals held that unscientific "training and experience" testimony regarding the identity of alleged marijuana was not reversible error under the "plain error" test used to examine admission of evidence when there is no objection.
With the legalization of hemp came the question of under what circumstances the odor or appearance of cannabis, indistinguishable from hemp, would form probable cause to search a vehicle, home, or person. A recent North Carolina Court of Appeals case provides a little guidance.
The Fourth Circuit Court of Appeals recently affirmed a trial court's ruling to suppress evidence discovered during the execution of a search warrant issued after police found cannabis stems and rolling papers in the defendant's curbside trash. This post explores the ruling and its significance to North Carolina criminal cases.
The North Carolina Court of Appeals recently affirmed a trial court's ruling that a magistrate-issued warrant for the search of a home was not supported by probable cause to believe that drugs would be found in that particular home and that the evidence found in the home was the "fruit of the poisonous tree" and could not be used against the defendants in support of criminal charges.
