State v. McPhaulÂ
808 S.E.2d 294, 256 N.C. App. 303 (2017)
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Rule of Law:
A search warrant affidavit based on information from a confidential informant establishes probable cause under the totality of the circumstances when significant details of the informant's tip are independently corroborated by a police investigation.
Facts:
- On August 3, 2012, Domino's Pizza driver Tyler Lloyd was dispatched to a residence on O'Bannon Drive in Raeford, North Carolina.
- Upon arrival, two men met Lloyd, and as he prepared to leave without payment, he was struck from behind with a metal baseball bat, beaten, and knocked unconscious.
- The assailants stole the food Lloyd was delivering and his cell phone.
- Domino's provided investigators with the IP address used to place the online order, which was traced to a residence on Springer Drive with an unsecured wireless network.
- A police canine tracked a scent from the crime scene to an intersection near 217 Springer Drive.
- A confidential source of information (CSI) informed police that he saw two men matching the victim's description running from that same intersection, and observed one of them enter the residence at 217 Springer Drive carrying what looked like a pizza delivery bag.
Procedural Posture:
- Juan Foronte McPhaul was charged in Hoke County with attempted murder, robbery, and other offenses.
- Prior to trial, McPhaul filed a motion to suppress all evidence obtained from a search of his residence, arguing the search warrant lacked probable cause.
- The Hoke County Criminal Superior Court, the trial court, conducted an evidentiary hearing and denied McPhaul's motion to suppress.
- On October 2, 2015, a jury returned verdicts finding McPhaul guilty of all charges.
- McPhaul appealed the judgments to the Court of Appeals of North Carolina.
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Issue:
Does a search warrant affidavit establish probable cause under the totality of the circumstances when it relies on information from a confidential source that is independently corroborated by a police investigation?
Opinions:
Majority - Calabria, J.
Yes, the search warrant affidavit established probable cause. Under the totality of the circumstances test established in Illinois v. Gates, a magistrate must make a practical, common-sense decision whether the affidavit shows a fair probability that evidence of a crime will be found in a particular place. A reviewing court gives great deference to this determination, ensuring only that the magistrate had a 'substantial basis' for finding probable cause. Here, the confidential informant's reliability was established because the information was 'reasonably corroborated by other matters within the officer's knowledge.' The police had already independently gathered evidence—including the victim’s description of the suspects, the location of the IP address, and the path of the canine track—that aligned with the CSI's tip. This independent corroboration of significant, non-mundane facts provided a substantial basis for the magistrate to conclude that probable cause existed to search the residence.
Analysis:
This case reinforces the flexible 'totality of the circumstances' standard for probable cause and clarifies its application to tips from confidential informants. The court distinguishes this case from precedents like State v. Benters, where uncorroborated, conclusory tips were insufficient. By emphasizing that the informant's information was corroborated by significant details from an existing police investigation, the decision provides a clear example of what constitutes sufficient corroboration to establish an informant's reliability. This holding serves as a practical guide for law enforcement in drafting affidavits and for courts in evaluating them, solidifying that the quality and corroboration of a tip are more important than the informant's pre-established track record.
