State v. Benters
2014 N.C. LEXIS 963, 766 S.E.2d 593, 367 N.C. 660 (2014)
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Rule of Law:
An affidavit for a search warrant fails to establish probable cause under the totality of the circumstances if it relies on a tip from a source whose reliability is asserted in a conclusory manner and the independent police corroboration consists only of innocent details, non-comparative utility records, and the presence of legal items.
Facts:
- An informant, described by Detective Hastings as a 'confidential and reliable source,' told him that Glenn Benters was running an indoor marijuana growing operation at 527 Currin Road.
- The informant stated the operation was in the main house and other buildings and that Benters did not currently live at the residence.
- Lt. Ferguson, the affiant, knew Benters and the property from a prior, unrelated criminal case involving a stolen trailer.
- Detective Hastings subpoenaed twenty-four months of electricity records for the property, which showed Benters was the subscriber and had 'extreme high and low kilowatt usage.'
- From outside the curtilage of the property, law enforcement officers observed items in plain view, including potting soil, starting fertilizer, seed starting trays, plastic cups, metal storage racks, and portable pump sprayers.
- The officers observed that there were no gardens or potted plants located around the residence.
- Officers also observed a red Dodge pickup truck parked on the property and heard music coming from the area of the residence.
Procedural Posture:
- A magistrate issued a search warrant for Glenn Benters' property based on an affidavit from Lt. Ferguson.
- Law enforcement executed the warrant, seizing marijuana plants and related materials.
- A grand jury indicted Benters on multiple drug-related charges in Vance County Superior Court.
- Benters filed a motion to suppress the evidence, arguing the search warrant lacked probable cause.
- The trial court granted Benters' motion to suppress the evidence.
- The State appealed to the North Carolina Court of Appeals.
- A majority of the Court of Appeals panel affirmed the trial court's suppression order, with one judge dissenting.
- The State appealed to the Supreme Court of North Carolina based on the dissent.
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Issue:
Does a search warrant affidavit establish probable cause when it is based on a tip from a source described only as 'confidential and reliable,' and is corroborated by the suspect's identity, conclusory statements about his electricity usage, and the presence of common gardening supplies on the property?
Opinions:
Majority - Beasley, Justice.
No. The affidavit failed to provide a substantial basis for the magistrate to conclude that probable cause existed. An informant described merely as 'confidential and reliable' without any stated basis for that conclusion must be treated as an anonymous tipster, requiring significant independent corroboration. Here, the police corroboration was insufficient because it only confirmed mundane facts (Benters' name and address), relied on a conclusory and non-comparative analysis of utility records, and noted the presence of innocuous gardening supplies that have many legal uses. The officers' training and experience cannot substitute for a lack of underlying facts, and the affidavit impermissibly required the magistrate to make inferences from conclusory allegations rather than a sufficient factual basis.
Dissenting - Newby, Justice.
Yes. The affidavit established probable cause under a common-sense application of the totality of the circumstances test. The majority erred by treating a known, face-to-face informant as completely anonymous; such a tip is inherently more reliable and requires less corroboration. The majority improperly dissected each piece of evidence in isolation instead of viewing them together. The combination of the detailed tip from a known source, the officer's prior familiarity with the suspect, the 'indicative' two-year history of power usage as analyzed by an experienced officer, and the observation of growing supplies without an outdoor garden created a fair probability of criminal activity.
Analysis:
This decision clarifies and heightens the standard for what constitutes probable cause for a search warrant based on an informant's tip in North Carolina. It establishes that a mere conclusory label of an informant as 'reliable' is insufficient; the affidavit must provide a basis for that claim. The court also set a new precedent for the use of utility records, requiring specific, comparative data for them to carry significant weight, rather than allowing an officer's conclusory opinion. This ruling curtails law enforcement's ability to rely on vague tips and officer experience alone, demanding more concrete, fact-based corroboration of criminal activity to justify a search.
