Arrest, or search and seizure, without warrant on suspicion or information as to unlawful possession of weapons
Although officer had reasonable suspicion to make investigatory stop of the defendant, reasonable suspicion alone was not sufficient to allow officer lawfully to open the hard cigarette box, which was found in defendant's backpack and which contained digital scale and white powder residue that resembled cocaine, when there was nothing to suggest that a weapon was inside. Com. v. Stewart, 469 Mass. 257, 13 N.E.3d 981 (2014).
The court held that reasonable suspicion alone is not sufficient enough to open containers and to search container's on a person without probable cause.
In order to determine whether such a warrantless search is permissible under the Fourth Amendment, which prohibits unreasonable searches and seizures, a court must determine whether there was probable cause for the warrantless search and, if so, whether one of the limited exceptions to the warrant requirement applies. 123 A.L.R.5th 179 (Originally published in 2004)
For example, in State v. Moore, 90 Ohio St. 3d 47, 2000 -Ohio- 10, 734 N.E.2d 804, 123 A.L.R.5th 661 (2000), a case in which an officer had, based solely on the strong odor of burnt marijuana in the defendant driver's vehicle and on his clothing, conducted a search both of the defendant driver's person and his vehicle, the court held that the detection of the smell of marijuana by the officer, who, the court noted, was qualified to recognize the same, was sufficient to establish probable cause for the search.
The term "probable cause" has been defined as a "reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged." 47 Am Jur 516, Searches and Seizures § 22
Affidavit was sufficient to show probable cause for issuance of warrant to search place for marijuana where it set forth that police officer had personally observed informant enter into building and return with quantity of marijuana after making undercover buy. Showing that informant was credible or that his information was reliable was not necessary in light of officer's personal observations. State v. McLeod, 36 N.C. App. 469, 244 S.E.2d 716 (1978).
