State v. Oates

736 S.E.2d 228, 224 N.C. App. 634, 2012 N.C. App. LEXIS 1473
CourtCourt of Appeals of North Carolina
DecidedDecember 31, 2012
DocketNo. COA10-725-2
StatusPublished
Cited by10 cases

This text of 736 S.E.2d 228 (State v. Oates) 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. Oates, 736 S.E.2d 228, 224 N.C. App. 634, 2012 N.C. App. LEXIS 1473 (N.C. Ct. App. 2012).

Opinion

STROUD, Judge.

This matter is before the Court on remand from the North Carolina Supreme Court. For the following reasons, we reverse the trial court’s order granting defendant’s motion to suppress and remand for further proceedings.

I. Background

On 7 September 2007, Judge Paul Hardison of District Court, Sampson County authorized a search warrant of defendant’s residence at 451 McKoy Street, Clinton, North Carolina. As a result of that search, defendant was found to be in possession of a firearm and, on 25 February 2008, he was indicted for one count of possession of a firearm by a convicted felon. On or about 19 November 2009, defend[635]*635ant filed a motion to suppress evidence seized by police as a result of the 7 September 2007 search of defendant’s residence. Defendant’s motion to suppress came up for hearing at the 14 December 2009 Criminal Session of Superior Court, Sampson County. In open court, the trial court granted defendant’s motion to suppress. The State filed written notice of appeal from the trial court’s order on 30 December 2009. On 22 March 2010, the trial court entered a written order granting defendant’s motion to suppress. On appeal, the State contends that the trial court erred in granting defendant’s motion to suppress and “concluding that the affidavit supporting the issuance of the search warrant was insufficient to establish probable cause to search defendant’s residence[.]”

This Court dismissed the State’s appeal as untimely by opinion filed 6 September 2011. State v. Oates, _ N.C. App. _, 715 S.E.2d 616 (2011). In its opinion filed 5 October 2012, the Supreme Court vacated this Court’s decision, holding that the State timely filed their notice of appeal, and remanded for consideration of the other issues raised. State v. Oates, _ N.C. _, 732 S.E.2d 571 (2012). Accordingly, we will consider the substantive issues raised by the parties.

II. Motion to Suppress

In our review of a trial court’s ruling on a defendant’s motion to suppress, the trial court’s “findings of fact will be binding on appeal if supported by competent evidence. The trial court’s findings of fact must support the conclusions of law, and the conclusions of law are reviewable de novo.” State v. Hensley, 201 N.C. App. 607, 609, 687 S.E.2d 309, 311, (citations omitted), disc. rev. denied, 364 N.C. 244, 698 S.E.2d 662 (2010). If the State fails to challenge the trial court’s findings of fact, “they are deemed to be supported by competent evidence and are binding on appeal.” State v. Roberson, 163 N.C. App. 129, 132, 592 S.E.2d 733, 735-36, disc. rev. denied, 358 N.C. 240, 594 S.E.2d 199 (2004).

A. Findings of Fact

The State makes no challenge to the trial court’s findings of fact #1-15 and #17; therefore they are binding on appeal. See id. The State does not argue that the findings are not supported by the evidence but only that “finding of fact #16 is incomplete and finding of fact #18 is actually a conclusion of law.” As to finding of fact #16, it appears that the trial court summarized the information in the application for a search warrant:

[636]*63616. That the information set forth in the application for search warrant and affidavit to establish probable cause states that an “anonymous caller” states, in summary, that Julio Keith is Andrew Oates’ stepson, was coming to North Carolina to stay with his stepfather and had been observed somewhere wrapping guns, (emphasis in original)

Yet the State concedes that “the trial court was not required to make findings of fact[,]” as “there was no material conflict in the evidence” because “[t]here was no testimony taken at the hearing on defendant’s motion to suppress” and the only facts before the trial court were from the application for the search warrant. See State v. Haymond, 203 N.C. App. 151, 158, 691 S.E.2d 108, 116 (even though the defendant contended that certain facts had been omitted from the trial court’s findings because the detective “intentionally omitted material facts from his application for the search warrant. . . [that] would have disclosed that no probable cause existed[,]” this Court stated that “[w]here there is no material conflict in the evidence, findings and conclusions are not necessary even though the better practice is to find facts [,]” and therefore, “we must only consider whether the trial court’s conclusions are supported by the evidence.”), disc, review denied, 364 N.C. 600, 704 S.E.2d 275 (2010). Therefore, we need not further examine the trial court’s finding #16.

The trial court’s finding of fact #18 states:

18. That there is nothing stated in the application for the search warrant or the affidavit to establish probable cause that there had been, or was going to be any criminal activity taking place at the residence to be searched, or that the Defendant Andrew Oates, or Julio Keith, possessed, or were going to possess, any drugs or weapons at the residence to be searched.

As finding of fact #18 makes a determination as to whether the warrant application was sufficient to show probable cause, we agree with the State that finding #18 is a conclusion of law. See Peoples v. Peoples, 10 N.C. App. 402, 408, 179 S.E.2d 138, 141 (1971) (defining a “conclusion of law” as “the court’s statement of the law applicable to a case in view of certain facts found to be true or assumed by the jury to be true: the final judgment or decree which the law requires in view of the facts found or the verdict brought in.”). Accordingly, we turn to the State’s arguments challenging the trial court’s conclusions of law.

[637]*637B. Conclusions of law

In addition to finding of fact #18, the State challenges all of the trial court’s other conclusions of law made in its written order granting defendant’s motion to suppress:

[(1)] [N] either the application for the search warrant, nor the affidavit to support probable cause by S/A K. Eason provide probable cause for the issuance and execution of the search warrant.
[(2)] [Tjhere is no nexus created in the application for the search warrant, nor in the affidavit to establish probable cause by S/A K. Eason, that anyone had seen any drugs or guns at the residence to be searched, nor that there were going to be drugs or guns at the residence to be searched and that the information received from both callers was anonymous and there is insufficient indicia as to their reliability nor is there sufficient corroborating information as to their reliability.
[(3)] [N]o where in the application for the search warrant and affidavit to establish probable cause is stated a nexus for a probable cause for a search of the Defendant’s residence at 451 McKoy Street, Clinton, NC 28328.

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Cite This Page — Counsel Stack

Bluebook (online)
736 S.E.2d 228, 224 N.C. App. 634, 2012 N.C. App. LEXIS 1473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oates-ncctapp-2012.