The North Carolina Supreme Court recently ruled on a significant case involving the legality of warrantless searches based on the odor of cannabis. In the case of State v. Schiene (Docket No. 305PA24), the court addressed whether the smell of cannabis alone could justify a search without a warrant. This decision affects how law enforcement can conduct searches in the state, particularly as cannabis laws evolve.
The case began when Codie Bruce Schiene was pulled over by law enforcement. Officers reported smelling cannabis coming from Schiene's vehicle, which led them to conduct a search without a warrant. Schiene challenged the legality of this search, arguing that the odor of cannabis should not automatically provide probable cause for a warrantless search, especially in light of recent changes in cannabis legislation.
The matter made its way through the court system, ultimately reaching the North Carolina Supreme Court after the Court of Appeals affirmed the trial court's decision. The trial court had denied Schiene's motion to suppress the evidence obtained during the search, stating that the totality of the circumstances, including the odor of cannabis, justified the search. The Supreme Court heard the case on September 9, 2025, and issued its ruling on August 14, 2026.
The Supreme Court's ruling confirmed the lower court's decision. Justice Phil Berger Jr. stated that the court has previously established that the odor of cannabis is just one factor to consider when determining probable cause for a search. The court reiterated that it follows the precedent of examining the totality of the circumstances in such cases.
The court ruled, "we continue to follow our precedents which require examination of the totality of the circumstances to determine whether probable cause exists" and that "the odor of cannabis is one factor that may be considered" as part of this examination.
Furthermore, the court noted that it had already addressed the specific question raised by Schiene regarding whether the odor of cannabis could justify a warrantless search. The court concluded that the issue had been resolved in prior cases, specifically referencing State v. Dobson and State v. Rowdy, both decided in 2026. As a result, the Supreme Court deemed its review of the matter unnecessary and stated that the opinion of the Court of Appeals would remain undisturbed.
This ruling has significant implications for law enforcement in North Carolina. It reinforces the idea that while the odor of cannabis can be considered in determining probable cause, it is not the sole factor. Officers must still evaluate the overall circumstances before proceeding with a warrantless search. This decision comes at a time when cannabis laws are changing across the country, and it highlights the need for law enforcement to adapt to these changes while respecting constitutional rights.
Moving forward, this ruling may influence how similar cases are handled in North Carolina. It sets a clear guideline for law enforcement, ensuring that they consider all relevant factors before conducting searches based on the smell of cannabis. The decision also serves as a reminder of the ongoing legal discussions surrounding cannabis and its implications for law enforcement practices.
Details were not available in the court filing regarding whether Schiene plans to appeal the decision or if there are related cases pending. However, this ruling will likely be referenced in future cases involving searches related to cannabis odor.