A woman was babysitting a child near Great Bend, Kansas, when the child she was watching complained of a monster under the bed. Seeking to assuage the child’s fear, the babysitter checked under the bed only to find a man hiding there. After a tussle with the babysitter, the man left the home and evaded capture until the next day, when local deputies located and arrested him. The man had recently posted bond on charges of threat crimes, domestic violence, and violating a protective order. He is now being held on no bond and is facing burglary, aggravated assault, and child endangerment charges. The AP has the story, here. Read on for more criminal law news.

Changing Odor of Cannabis? NPR reports growers in marijuana-legal states are working to produce new, more pleasant-smelling versions of the plant, which do not necessarily carry the odor traditionally associated with cannabis. Researchers identified a specific compound within the plant that is responsible for the “skunky” cannabis odor. In response, producers are cultivating strains with lower profiles of that compound and higher profiles of other terpenes (the chemicals within cannabis responsible for its smell), leading to versions of the plant that smell more like “fruits, fresh herbs, and candy.” How this development could impact law enforcement’s ability to rely on the odor of cannabis for probable cause and reasonable suspicion in jurisdictions where marijuana remains illegal is anyone’s guess.

Odor of Cannabis Comes to the NCSC. In other cannabis news, the North Carolina Supreme Court granted review in three criminal cases addressing the odor of cannabis and probable cause. The Carolina Journal reports on one of the cases, State v. Dobson, 293 N.C. App. 450 (April 16, 2024); disc. review granted in part, ___ N.C. ___ (Mar. 19, 2025). The other two cases are State v. Rowdy, COA24-64, ___ N.C. App. ___; 907 S.E.2d 460 (Oct. 15, 2024); disc. review granted in part, ___ N.C. ___ (March 19, 2025), and State v. Schiene, COA23-682, ___ N.C. App. ___; 907 S.E.2d 87 (Oct. 1, 2024); disc. review granted in part, ___ N.C. ___ (Mar. 19, 2025). My most recent cannabis update post may need updating, depending on how the issue shakes out at the state high court. Stay tuned for further developments there.

Officer Arrested. WRAL reports that a police officer formerly with the Warrenton, North Carolina police department was recently charged in federal court with civil rights violations stemming from his alleged use of excessive force against three people. The indictment charged the officer with unlawful use of his Taser on each occasion. In one of the cases, the alleged victim was repeatedly Tased despite being handcuffed at the time. Since the incidents leading to the current charges, the officer left the Warrenton Police Department and was hired as an officer in Littleton, North Carolina, where he currently remains employed.

Bodega Cat Ban. Despite state law that bans live animals from retail establishments selling food, cats are a frequent fixture in New York City’s famous bodegas. The felines are popular with customers, with some justifying the presence of the kitties by pointing to their rodent and insect catching abilities. Store owners found in violation of the law can face civil fines, although the story indicates that state authorities are not quick to pounce on noncompliant stores. A recent petition to protect the outlaw kitties garnered over 10,000 signatures, according to this story.

Sayonara Santos? Former U.S. Representative for New York’s third congressional district George Santos is due to be sentenced in a Long Island federal district court on April 25 for his fraud and identity theft convictions. Attorneys for the government are seeking a seven-year sentence for Santos, arguing that his behavior “made a mockery” of the elections process and noting his “unrepentant and defiant” behavior after his lies and misrepresentations came to light. He faces a mandatory minimum prison term of two years for one of his crimes, and his attorneys have asked the court to impose a sentence no greater than that minimum. This story notes that, in addition to his criminal law troubles, Santos carries the distinction of being only the sixth member in congressional history to be expelled from the U.S. House of Representatives.

CBD Caveats (again). In my first-ever post on hemp and hemp products on the blog back in 2018, I cautioned readers that the use of legal hemp products like CBD (cannabidiol) can lead to positive drug test results for marijuana. Because many (if not most) hemp products typically contain some small amount of delta-9 THC—which is legal under state and federal law in concentrations not exceeding 0.3% — regular use of the products can eventually cause a person to test positive for THC on a drug screen. This can occur despite the hemp product being labeled “THC free,” as a recent case at the U.S. Supreme Court illustrates. In Medical Marijuana, Inc. v. Horn, a truck driver was fired after testing positive for THC, despite using a hemp-based CBD product advertised as being free of any and all THC. He sued the manufacturer of the product under the Racketeer Influenced and Corrupt Organizations Act (RICO), arguing that the company committed mail and wire fraud by falsely advertising its products as THC-free. The civil RICO and employment law issues are outside the scope of issues typically covered on this blog, but the Court ultimately sided with Horn in a 5-4 decision, allowing his lawsuit to proceed through the trial court. SCOTUSblog has the scoop here, or you can read the case for yourself, here.

Alamance Civil Rights Settlements. Alamance County and the City of Graham recently settled a civil rights lawsuit resulting in the payment of damages of $120,000 to five plaintiffs, without admitting wrongdoing. The case stemmed from allegedly wrongful arrests by local city and county law enforcement of protesters in a 2019 political demonstration. According to the N&O report, the city and county have settled a number of lawsuits in recent years stemming from alleged civil rights violations.

I hope everyone has a safe and relaxing weekend. I can always be reached for questions or comments at dixon@sog.unc.edu.

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