223 N.C. App. 460
N.C. Ct. App.2012Background
- Defendant was convicted of manufacturing marijuana after a warrantless seizure of plants observed from outside his home during a knock-and-talk investigation.
- Detectives observed marijuana plants in buckets in Defendant’s backyard from the curtilage while on private property conducting a knock-and-talk.
- The detectives seized the plants and later obtained a search warrant; at trial, suppression was denied and evidence was admitted.
- Trial court found the seizure within plain view, but the appellate court held it violated the Fourth Amendment and was not supported by exigent circumstances.
- Conviction vacated and case remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless seizure violated the Fourth Amendment. | Grice | Grice | Seizure unconstitutional; plain view not applicable. |
| Whether exigent circumstances justified the seizure. | State | Grice | Exigent circumstances not proven; no basis to justify seizure. |
| Whether admission of the seized evidence was plain error requiring reversal. | State | Grice | Plain error; probable impact on verdict; new trial required. |
Key Cases Cited
- State v. Cooke, 306 N.C. 132 (1982) (standard for reviewing suppression findings)
- State v. Hughes, 353 N.C. 200 (2000) (trial court conclusions of law reviewable on appeal)
- State v. Goss, 361 N.C. 610 (2007) (plain error standard apply when no objection raised)