State v. Mavrogianis
| Decision Date | 04 May 1982 |
| Docket Number | No. 8110SC894,8110SC894 |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. Stanley T. MAVROGIANIS. |
Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. J. Chris Prather, Raleigh, for the State, appellant.
DeMent, Askew & Gaskins by Johnny S. Gaskins, Raleigh, for defendant-appellee.
In the search of the defendant's automobile illicit drugs were found and seized by law enforcement officers. The drugs seized, if offered and admitted in evidence, would be tangible support for conviction of the defendant on some if not all of the charges against him. The trial court ruled that the evidence seized must be excluded because it violated the Fourth Amendment protection against "unreasonable" searches and seizures. The basis for the ruling was that the affidavit supporting the search warrant, relying on an informant's tip, did not state sufficient underlying circumstances for the magistrate to have probable cause to believe that illicit drugs were in the defendant's automobile. See Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969); Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); and G.S. 15A-244, -245.
The underlying affidavit contained the following information; The defendant was a student and resided in Bragaw Dormitory on the campus of North Carolina State University. The informant told the affiant officer that defendant had marijuana in his possession and was selling it, that informant had seen marijuana in his room, and that defendant owned and had possession of a 1976 Ford Mustang, License No. KNS-180.
We exclude exigent circumstances which would justify a warrantless search of the automobile. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790 (1925); 11 Strong's N.C.Index 3d Searches and Seizures § 11 (1978). We also exclude the application of the rule that a search warrant validly describing the property to be searched includes the curtilage and appurtenances of the place described. See State v. Reid, 286 N.C. 323, 210 S.E.2d 422 (1974), which held that a valid search warrant for specifically described premises justified the search of an automobile located on the premises. In the case sub judice the automobile was not located in the parking lot of the dormitory where defendant lived. Nor is there a question as to sufficiency of the description of the automobile. Thus, the sole question on appeal is whether under the particular facts and circumstances of this case the magistrate had probable cause to believe that the defendant had marijuana in his automobile.
The defendant was a student living on campus. He possessed, actually or constructively, a dormitory room and an automobile. There was reliable information that he was dealing in marijuana; that marijuana was seen in his room and on his person.
Probable cause exists when the facts and circumstances are sufficient to warrant a man of reasonable caution to believe that seizable objects are located at the place to be searched. Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93...
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