State v. Riggs

386 S.E.2d 599, 96 N.C. App. 595, 1989 N.C. App. LEXIS 1108
CourtCourt of Appeals of North Carolina
DecidedDecember 19, 1989
DocketNo. 884SC1104
StatusPublished
Cited by2 cases

This text of 386 S.E.2d 599 (State v. Riggs) 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. Riggs, 386 S.E.2d 599, 96 N.C. App. 595, 1989 N.C. App. LEXIS 1108 (N.C. Ct. App. 1989).

Opinion

ORR, Judge.

The first issue raised by defendants’ appeal is whether the affidavit which was presented to the magistrate was sufficient to support the magistrate’s finding of probable cause for the issuance of a search warrant. Defendants first argue that the information contained in the affidavit is insufficient to establish the presence of contraband in their home. Secondly, defendants contend that the reliability or veracity of the two informants and their basis of knowledge is questionable and is therefore insufficient to support the issuance of a search warrant. The State contends that the facts as stated in the affidavit are sufficient to support the magistrate’s issuance of the warrant to search defendants’ home. Because we conclude that the denial of defendants’ motion to suppress was error, we have included a brief discussion of their second issue along with our consideration of their first one.

On 27 March 1987, Deputy B. W. Floyd with the Onslow County Sheriff’s Department completed an application for a warrant to search defendants’ residence. A sworn, three-page affidavit was attached to the application. Pertinent parts of that affidavit are set out below:

Source stated that to purchase marijuana from the above described residence the [s]ource would bring a subject who is known and trusted by Riggs to the driveway of the above described residence, there the subject would walk to the above described residence purchase the marijuana . . . return to the vehicle and deliver the marijuana to the [s]ource.
On 3-25-87 [a]ffiant met with the [sjource, the [sjources [sic] vehicle and person was [sic] searched with no contraband being found. The [s]ource was issued $45.00 of Onslow County narcotics monies, [sic] the [s]ource thereafter was constanly [sic] under surveillancef;] the [s]ource then met with a [s]ubject known and trusted by Riggs, the [sjource and this [s]ubject then traveled to the driveway of the above described residence, the [s]ource subsequently stated to affiant that at this point $45.00 was [597]*597given to the subject and the subject walked down the driveway to the above described residence. Shortly thereafter the subject returned to the [sjource’s vehicle and the [s]ource stated that the subject delivered to the [s]ource appox. [sic] V4 oz[.] of marijuana, the [s]ource then drove the [s]ubject a short distance away and dropped the subject off. [T]he [s]ource then came directly to affiant and turned over . . . appo. [sic] xk oz[.] of marijuana ....
This [s]ource is reliable in that this [s]ource knows what marijuana looks like and the information this [s]ource has given to affiant is [sic] always been found to be true and exact[.]
On 2-26-87 Deputy Sheriff L. S. Stevens and affiant searched a separate [s]ource of information and found no contraband. Deputy Stevens issued this [s]ource $45.00 and equiped. [sic] the [s]ource with a listening] device. The [s]ource was then followed by Deputy Stevens and affiant to a residence where the [s]ource gave a subject the $45.00. This subject was then followed to the above described residence and then back to the [s]ubjects [sic] residence where the [s]ubject delivered to the [s]ource appox [sic] V4 oz. of marijuana. Deputy Sheriff Stevens [sic] [s]ource knows what marijuana looks like and has made 2 controlled purchases of narcotics in Onslow Co. for Deputy Stevens —and given information that has led to the arrest of 1 narcotics violator] . . . the information Deputy Steven’s [sic] [s]ource has provided has always [been] found to be true and exact.
On 4-23-87 Bobby Riggs pled guilty to Felony Possession of Marijuana[.] (Italicized words were added in the margin.)

In addition to the information set out above, the affidavit also gave directions to and a description of the Riggs’ residence.

The warrant was issued and the search resulted in the seizure of a small quantity of marijuana and numerous pieces of drug paraphernalia. Thereafter, on 24 July 1987 and 26 August 1987, defendants Pamela and Bobby Riggs filed motions to suppress the evidence which was seized during this search. By orders dated 17 November 1987, their motions were denied. They now appeal their convictions based upon the admission of that evidence.

Turning first to the statutory law in North Carolina, we note that each application for a warrant must be in written form and [598]*598contain, among other information, “[a] statement that there is probable cause to believe that items subject to seizure . . . may be found [at the premises to be searched] . . . G.S. 15A-244 (1988). Furthermore, the statement must be supported by one or more affidavits which particularly state “the facts and circumstances establishing probable cause to believe that the items are in the places or in the possession of the individuals to be searched . . . .” Id. Once that evidence has been made a part of the application, the issuing official must determine whether “the application meets the requirements of [Article 11] . . . .” G.S. 15A-245 (1988). The official must thereafter determine whether there is “probable cause to believe that the search will discover items specified in the application which are subject to seizure . . . .” Id. If probable cause is found, the official must issue the warrant. Id.

After reviewing the record before us, we find that this affidavit did not provide a sufficient basis for the magistrate’s issuance of the search warrant because there was no substantial basis for a finding of probable cause. Therefore, the trial court erred in denying defendants’ motions to suppress. Defendants are entitled to a new trial for the following reasons.

In previous cases, we have reiterated the rule of law which states that:

[i]n order to show probable cause, an affidavit must establish reasonable cause to believe that the proposed search for evidence of the designated offense will ‘reveal the presence upon the described premises of the objects sought and that they will aid in the apprehension or conviction of the offender.’

State v. Goforth, 65 N.C. App. 302, 307-08, 309 S.E.2d 488, 492 (1983) (quoting State v. Campbell, 282 N.C. 125, 129, 191 S.E.2d 752, 755 (1972)). In the Goforth case, just as in the case at bar, the affidavit failed to implicate the premises to be searched. Here, we have statements concerning subjects going to defendants’ driveway, walking toward their home and returning with drugs. There was no statement in the affidavit that the drugs were purchased from defendants in their home.

Furthermore, in looking at other cases in which the question of the validity of search warrants has been determined, we find that the affidavit here does not meet the particularity requirement which G.S. 15A-244 imposes. See State v. Beam, 325 N.C. 217, [599]*599381 S.E.2d 327 (1989) (affidavit contained a statement that the informant had seen approximately one pound of marijuana at the defendant’s home one week before the affidavit was sworn); State v. Milloway, 94 N.C. App. 579, 380 S.E.2d 596

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Cite This Page — Counsel Stack

Bluebook (online)
386 S.E.2d 599, 96 N.C. App. 595, 1989 N.C. App. LEXIS 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-riggs-ncctapp-1989.