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Coastal South Law

Should I Toss My Weed Out of My Car Before a Traffic Stop in North Carolina?

Updated: Nov 24

It is difficult to act rationally when you are being pursued by police officers. Faced with the possibility of a traffic stop, many defendants choose to toss their drugs out of their windows. Is this really a smart move? What if the police find your drugs? Can they even search your vehicle if they pull you over? These are all questions you might want to ask an experienced defense attorney in North Carolina


Police Can Only Search Your Vehicle Under Specific Circumstances


It might not be a good idea to toss a bag of weed out of your car window, especially if officers lack probable cause or a warrant. If police cannot search your vehicle, they cannot access the marijuana inside. As a result, your substances might actually be less easy to find if you keep them in your vehicle.


If police ask to search your vehicle after pulling you over, you can say no. If you do not give them permission, they may need to get a warrant before searching your vehicle. Their last option is to establish probable cause. In other words, they need to show that searching your vehicle would probably uncover evidence of additional crimes. If you fail a sobriety test, this could constitute probable cause. 


If you seem sober and there is no reason to suspect that you have committed a crime, a subsequent search could be unconstitutional. This means that even if they find your marijuana, this evidence could be inadmissible. An experienced defense attorney can help you argue that your Fourth Amendment rights were violated – and this may be enough to help you avoid marijuana charges. 


If Your Marijuana Smells Strongly


Keep in mind that in North Carolina, the scent of marijuana generally serves as an excuse for police officers to search your vehicle. If your bag of weed smells particularly strongly, police officers (and potentially K9 units) could pick up on the scent and initiate a search. If your weed is contained in some kind of vacuum-sealed container, this could be less of an issue. 


Police Are Quite Proficient at Locating Tossed Bags of Drugs


In October of 2024, it was reported that North Carolina police officers noticed a man throwing a bag of drugs out of his vehicle during a traffic stop. A K9 called “Bonito” located the bag, which contained meth and marijuana. This shows that police almost expect suspects to toss bags of drugs after being pulled over, and they react accordingly. 


Can a Marijuana Defense Attorney in North Carolina Help After a Traffic Stop?


A marijuana defense attorney in North Carolina may be able to help if you are facing possession charges after a traffic stop. The police may have violated your Fourth Amendment rights when they searched your vehicle. Whatever happens, it always makes sense to remain silent until you have a chance to call Coastal South Law. Contact us now to schedule a consultation. 

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