State v. Green

670 S.E.2d 635, 194 N.C. App. 623, 2009 N.C. App. LEXIS 130
CourtCourt of Appeals of North Carolina
DecidedJanuary 6, 2009
DocketCOA08-144
StatusPublished
Cited by14 cases

This text of 670 S.E.2d 635 (State v. Green) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Green, 670 S.E.2d 635, 194 N.C. App. 623, 2009 N.C. App. LEXIS 130 (N.C. Ct. App. 2009).

Opinions

BRYANT, Judge.

Defendant’s sole argument on appeal is that the trial court erred in denying his motion to suppress evidence based upon his contention that the stop and search was illegal. For the reasons stated herein, we affirm the ruling of the trial court.

On 1 February 2006, Detective Leslie M. Wyatt, III (“Detective Wyatt”) of the New Hanover County Sheriff’s Office initiated a narcotics “sting” operation. Between approximately 10:30 and 11:00 a.m. that morning, Detective Wyatt, in the company of Detective Jonathan Hart (“Detective Hart”), instructed an informant to call a man the informant had stated was a heroin dealer. Detective Wyatt had never personally used this informant before; however, his knowledge of the informant’s reliability came from Detective Hart who had arrested the informant in the past. The informant had previously given reliable information that led to the arrest of another individual for trafficking in 1,200 bags of heroin. The informant made the call as requested using a speaker phone. Both detectives Wyatt and Hart listened to the call. Detective Wyatt testified that he heard a man agree to deliver one-half ounce of heroin, along with one-half ounce of “cutting” agent, to the informant in Wilmington in return for $1,600.00. The man stated that he would begin his trip to Wilmington approximately thirty minutes after the termination of . the call, and that the trip would take him a while. A KFC restaurant on Dawson Street was the predetermined location for the heroin transaction.

The informant told Detective Wyatt he did not know the true name of the man whose number he called and knew him only as “Junior.” He described “Junior” as an older black male, probably in his fifties; that “he possibly would be driving an older model Mercedes or a newer model mid-size SUV, both possibly brown in color and both having Soiith Carolina registrations”; and that he believed “Junior” lived in Charleston, and that would be his point of origin for the arranged transaction.

At approximately 1:30 p.m., Detective Wyatt met with other officers and organized a plan to attempt the arrest of “Junior” for drug related activities. “The plan was to have detectives scattered about [625]*625Highway 74/76 from about. . . the Cape Fear Memorial Bridge, Third and Dawson, back a little ways past Leland.” The officers took their positions between 2:00 p.m. and 2:30 p.m. Detective Wyatt further testified that he had around six additional officers involved in the operation, and that Detective James Gore was stationed the farthest outside of Wilmington, “approximately 10 to 15 miles[.]” Detective Gore was waiting on Highway 17, where it intersects with Highway 87. Because it is possible to arrive from Charleston into Wilmington from either route, other officers were stationed both along Highway 17 to the south, and along Highway 74/76, to a distance of approximately 6.5 miles to the east. Detective Wyatt estimated an arrival time in Wilmington between 3:30 p.m. and 4:00 p.m.

At approximately 3:15 p.m., Detective Wyatt instructed the informant to call “Junior” and obtain a more definite estimate for his time of arrival. The informant told him “Junior” said he was approximately thirty to forty minutes away. At approximately 3:35 p.m., Detective Gore observed a brown Dodge Durango SUV with South Carolina registration pass him heading towards Wilmington on Highway 17. Detective Gore informed Detective Wyatt, then followed the Durango, which he observed an older black male was driving, and read out the registration tag information to Detective Wyatt’. Detective Wyatt determined from the registration information that the Durango was registered to defendant, who lived in North Charleston. Other officers, including Detective Wyatt, joined Detective Gore in following defendant.

Shortly after defendant crossed from Brunswick County into New Hanover County, several officers stopped defendant’s vehicle, and used their own vehicles to box in defendant’s Durango. The officers removed defendant from the Durango and placed him in handcuffs. Detective Wyatt went to the Durango, climbed inside, opened up the center console, and discovered a black bag. The contents of the bag were later determined to be heroin and a cutting agent.

Defendant was indicted on 3 April 2006 for trafficking in heroin by transportation, possession and manufacturing, maintaining a vehicle to keep and sell heroin, possession of marijuana, and possession of drug paraphernalia. Defendant moved to suppress the evidence found pursuant to his stop, which motion was denied by order entered 30 November 2006. Defendant was tried by jury at the 28 May 2007 Criminal Session of New Hanover County Superior Court. The trial court dismissed the manufacturing charge, and defendant was convicted on all remaining charges. By order entered 4 June 2007, [626]*626defendant was sentenced to a cumulative 140 months minimum and 168 months maximum prison term. Defendant appeals.

Standard of Review

It is well established that the standard of review in evaluating a trial court’s ruling on a motion to suppress is that the trial court’s findings of fact are conclusive on appeal if supported by competent evidence, even if the evidence is conflicting. The trial court’s conclusions of law, however, are fully reviewable.

State v. Nixon, 160 N.C. App. 31, 33, 584 S.E.2d 820, 822 (2003) (citation omitted). This Court discussed the standard of review applicable to warrantless searches of vehicles at some length in Nixon. Id. at 34-37, 584 S.E.2d at 822-24. The Nixon Court made the following relevant determinations with regard to assessing the existence of probable cause in the search of a motor vehicle on a public roadway:

A search of a motor vehicle which is on a public roadway or in a public vehicular area is not in violation of the Fourth Amendment if it is based on probable cause, even though a warrant has not been obtained. State v. Isleib, 319 N.C. 634, 638, 356 S.E.2d 573, 576 (1987). Information from a [confidential reliable informant] can form the probable cause to justify a search. State v. Holmes, 142 N.C. App. 614, 544 S.E.2d 18, cert. denied, 353 N.C. 731, 551 S.E.2d 116 (2001). “In utilizing an informant’s tip, probable 'cause is determined using a ‘totality-of-the circumstances’ analysis which ‘permits a balanced assessment of the relative weights of all the various indicia of reliability (and unreliability) attending an informant’s tip.’ ” Holmes, 142 N.C. App. 614, 621, 544 S.E.2d 18, 22 (2001) (quoting State v. Earhart, 134 N.C. App. 130, 133, 516 S.E.2d 883, 886 (1999)). This standard was established in [Illinois v.] Gates, 462 U.S. 213, 76 L. Ed. 2d 527 (1983).

Nixon, 160 N.C. App. at 37, 584 S.E.2d at 824.

The standard for determining whether probable cause existed to conduct a warrantless search of defendant’s person and vehicle is basically the same for information received from either an anonymous tip or a confidential informant.

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State v. Green
670 S.E.2d 635 (Court of Appeals of North Carolina, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
670 S.E.2d 635, 194 N.C. App. 623, 2009 N.C. App. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-green-ncctapp-2009.