State v. Benters
367 N.C. 660
| N.C. | 2014Background
- Affidavit relied on an anonymous tip and corroboration to obtain a search warrant for 527 Currin Road, Henderson NC.
- Affiant Lieutenant Ferguson described extensive training and experience but relied on Hastings’s tip from a confidential source.
- Subpoenaed Progress Energy records allegedly showed Glenn Benters as subscriber with kilowatt usage suggesting indoor marijuana growth.
- Officers observed potting soil, fertilizer, seed trays, plastic cups, racks, and sprayers in plain view, without visible gardens or plants.
- There was a knock-and-talk entry at the back of the residence, followed by odor of marijuana and concealment devices; magistrate issued the warrant the same day.
- Trial court suppressed the search; Court of Appeals affirmed; the majority held the affidavit failed to establish probable cause under totality of the circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause under anonymous tip standard? | State argues tip had indicia of reliability and corroboration. | Benters contends informant was anonymous; insufficient corroboration. | No; tip treated as anonymous with insufficient corroboration. |
| Sufficiency of corroboration for probable cause? | Corroboration (power records, observed items) supports probable cause. | Corroboration too weak and non-comparative; insufficient to establish probability. | Insufficient corroboration to establish probable cause. |
| Effect of energy usage records on probable cause? | Utility records provide strong corroboration of growth operation. | Records require context and comparison; conclusory assertions inadequate. | Utility records insufficient without proper comparative analysis. |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause evaluated under totality of the circumstances)
- State v. Arrington, 311 N.C. 633 (N.C. 1984) (probable cause; magistrate's substantial basis required)
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good-faith reliance on warrant; no suppression absent bad faith)
- State v. Hughes, 353 N.C. 200 (N.C. 2000) (anonymous tips; reliability and corroboration framework)