State v. Rodgers

588 S.E.2d 481, 161 N.C. App. 311, 2003 N.C. App. LEXIS 2048
CourtCourt of Appeals of North Carolina
DecidedNovember 18, 2003
DocketCOA02-1671
StatusPublished
Cited by2 cases

This text of 588 S.E.2d 481 (State v. Rodgers) 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. Rodgers, 588 S.E.2d 481, 161 N.C. App. 311, 2003 N.C. App. LEXIS 2048 (N.C. Ct. App. 2003).

Opinion

HUNTER, Judge.

Larry Rodgers (“defendant”) appeals the denial of a motion to suppress cocaine found in his home as the result of a search warrant. For the reasons stated herein, we affirm.

On 23 June 2000, Detective M. D. Marlow (“Det. Marlow”), of the Charlotte-Mecklenburg Police Department, filed an application for a search warrant for the person and home of defendant. Det. Marlow’s affidavit supporting probable cause for the search warrant provided:

On 6/23/001 received information from a confidential and reliable informant that the above described subject [black male, approximately five feet, five inches, 170 pounds, and 20-25 years of age] known as Shorty, was in possession of a large quantity of cocaine at his residence located at 3930 Tamerlane Rd. within the past forty[-] eight (48) hours. The confidential informant said that Shorty would be transporting a quantity of cocaine from his residence in a white Chrysler Sedan. The confidential informant said that Shorty would be transporting and delivering the drugs from his residence in the white Chrysler Sedan on 6/23/00. Based upon this information I set up surveillance at 3930 Tamerlane Rd. On 6/23/00 at approximately 1850 hours Shorty along with another subject walked out of 3930 Tamerlane Rd. Shorty then got into the driver’s seat of a white Chrysler Sedan that was parked in the driveway of 3930 Tamerlane Rd. The other subject then got into the passenger seat of the same vehicle. The subjects then headed outbound on Tamerlane Rd. to N. Sharon Amity Rd. The vehicle was stopped off of N. Sharon Amity Rd. by Officer G.P. Brown #1686. The driver of the vehicle known as Shorty along with the other occupant then gave Officer Brown consent to search their persons and the vehicle they occupied. As a result of the search Shorty was found to have a small bag of marijuana in his possession and the other occupant had approximately $1500.00 in U.S. Currency in his possession.
This applicant has known this informant for one month. During this time this informant has given this applicant information regarding persons involved in drug trafficking in the Charlotte- *313 Mecklenburg area which this applicant has verified to be true through his own independent investigation. This informant has given this applicant information that has led to the arrest of individuals in violation of the North Carolina Controlled Substance Act.
Based on this applicant[’]s training and experience to wit: This applicant has over 6 years law enforcement experience. This applicant has been to drug schools on the state and federal level. This applicant knows that individuals involved in drug activities frequently possess firearms[,] Beepers, Cellular phones, Currency and Drug transaction records.

Based upon this affidavit, the warrant was issued and, during the search, approximately 488 grams of cocaine were seized. Defendant was subsequently indicted for Possession of Schedule VI Controlled Substance, Trafficking in Cocaine, Maintaining a Place to Keep Controlled Substances, and Possession of Drug Paraphernalia.

Defendant filed a motion to suppress the fruits of the search, which was heard on 13 August 2001. For purposes of the suppression hearing, defendant stipulated to the information in the search warrant application with the exception of the make and model of the vehicle. In an order filed 15 August 2001, the court denied defendant’s motion after finding, inter alia:

8. That said application for the search warrant contains an affidavit describing certain events that occurred on June 23, 2000, before said search warrant was issued.
9. That the description of events, together with information from a confidential and reliable informant described in said application, constitutes a substantial basis for the conclusion of said Magistrate that probable cause for the search did exist.
10. That the Court finds, determines and concludes that on June 23, 2000, the issuing Magistrate found probable cause from the totality of the circumstances.
11. The . . . affidavit of Detective M.D. Marlow, considered in its entirety, is sufficient, in all regards, to supply and support probable cause for the issuance of said search warrant.

Thereafter, defendant entered into a negotiated plea of guilty to one count of Trafficking in Cocaine. The other charges were dis *314 missed. As a condition of the plea, defendant reserved his right to appeal the denial of his motion to suppress.

Defendant argues the cocaine found in his home should have been suppressed because Det. Marlow’s affidavit lacked probable cause to support issuance of a search warrant. We disagree.

“Probable cause to search exists if a person of ordinary caution would be justified in believing that what is sought will be found in the place to be searched.” State v. Barnhardt, 92 N.C. App. 94, 97, 373 S.E.2d 461, 462 (1988). When relying on an affidavit to establish probable cause to issue a search warrant, we are guided by the following:

Courts have accorded a preference to the warrant process because it provides an orderly procedure involving judicial impartiality whereby “a neutral and detached magistrate” can make “informed and deliberate determinations” on the issue of probable cause. As a result, in a doubtful or marginal case a search under a warrant may be sustainable where without one it would fall. Further, appellate court review of a magistrate’s probable cause decision is not subject to a technical de novo review, but is limited to whether “the evidence as a whole provided a substantial basis for a finding of probable cause . . . .”

Id. at 96, 373 S.E.2d at 462 (citations omitted). Simply stated, the application for a search warrant must be viewed using the “totality of circumstances test” when determining whether there was sufficient probable cause to issue the warrant. See State v. Arrington, 311 N.C. 633; 319 S.E.2d 254 (1984). Specifically, if these circumstances are established through the use of a reliable confidential informant’s tip and supplemented by an officer’s credentials and experience, it can amount to a substantial basis for a magistrate’s determination that probable cause existed. See Barnhardt, 92 N.C. App. at 97, 373 S.E.2d at 462-63.

When considering Det. Marlow’s affidavit, the first paragraph recites information he received from, a “confidential and reliable informant.” The indicia of reliability of an informant’s tip “may include (1) whether the informant was known or anonymous, (2) the informant’s history of reliability, and (3) whether information provided by the informant could be independently corroborated by the police.” State v. Collins, 160 N.C. App. 310, 315, 585 S.E.2d 481, 485 (2003). Det. Marlow stated in his affidavit that he had known the *315

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Bluebook (online)
588 S.E.2d 481, 161 N.C. App. 311, 2003 N.C. App. LEXIS 2048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rodgers-ncctapp-2003.