State v. Biber
365 N.C. 162
| N.C. | 2011Background
- Defendant Benzion Biber was indicted for felonious possession of cocaine and moved to suppress evidence from a motel-room search.
- The search occurred at Motel 6 Room 312 in Asheville after the manager Harvin reported drug activity in the room.
- Harvin informed Officers Presnell and Spinda; they entered the room and observed drug paraphernalia and a bag containing a white powder later tested as cocaine.
- Defendant claimed the room and its contents, including a clothing bag, were his; he also handed two rocks of crack cocaine to an officer later claiming them as his.
- The trial court found probable cause to arrest for possession and denied the suppression motion; defendant pled guilty while preserving the right to appeal.
- The Court of Appeals reversed, holding the trial court erred due to lack of evidence on constructive possession and probable cause; the North Carolina Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause to arrest for possession | State: facts supported probable cause to arrest for possession. | Biber: insufficient facts to prove possession or control. | Probable cause existed to arrest for possession. |
| Appropriate standard and review for suppression rulings | State: trial court's findings supported upholding suppression ruling; de novo review applicable on appeal. | Biber: Court of Appeals applied incorrect analysis requiring constructive-possession elements as condition for denial of suppression. | Court of Appeals' analysis rejected; de novo review affirmed that probable cause existed. |
Key Cases Cited
- Brinegar v. United States, 338 U.S. 160 (Supreme Court 1949) (probable cause requires reasonable ground for belief, not proof of guilt)
- Illinois v. Gates, 462 U.S. 213 (Supreme Court 1983) (probable cause based on totality of circumstances)
- State v. Harris, 279 N.C. 307 (N.C. 1971) (probable cause and reasonable grounds substantially equivalent)
- Bone v. State, 354 N.C. 1 (N.C. 2001) (informant corroborated by officer's knowledge permissible)
- State v. McCollum, 334 N.C. 208 (N.C. 1993) (conclusions of law reviewed de novo)