State v. ParsonÂ, 250 N.C. App. 142

On Sept. 10, 2014 law enforcement received NPLEx alerts showing Marcus Parson and Julie Brown each purchased pseudoephedrine within 15 minutes at the same Wal‑Mart; the alerts listed 394 Low Gap Road.
Officers surveilled Parson and Brown, observed travel with James Stratton, and later saw Parson exit a recreational vehicle near 394 Low Gap Road and walk toward another residence; Parson refused consent to search the RV/house.
SBI Special Agent Casey Drake (her first meth lab affidavit) prepared the search‑warrant affidavit using information from other officers; the affidavit stated Stratton dropped Parson at 394 Low Gap Road.
A magistrate issued a warrant late the same day; execution recovered items consistent with a methamphetamine lab. Parson moved to suppress; the trial court denied the motion.
Parson pleaded guilty to several meth offenses while preserving appeal of the suppression denial. The Court of Appeals reversed and remanded, holding the affidavit failed to establish the necessary nexus between 394 Low Gap Road and the evidence sought.

Issue	State's Argument	Parson's Argument	Held
Whether the affidavit contained false statements or omissions made in reckless disregard for the truth (Franks-type claim)	Affiant (Drake) relied in good faith on information reported by other officers; disputed details (e.g., who saw Parson dropped off) were honest mistakes or hearsay appropriately used	The affidavit falsely stated Stratton dropped Parson at 394 Low Gap Road and omitted that officers lacked direct observation, so statements should be excised	Court: Affiant did not act in bad faith; Drake reasonably believed information provided by other officers and testimony did not show reckless disregard
Whether the affidavit established probable cause (nexus between 394 Low Gap Rd and meth lab evidence)	The totality of circumstances (NPLEx alerts, surveillance, Parson being seen at/near the property, Brown’s statements, and Parson’s refusal to consent) supplied a sufficient connection	Affidavit lacked factual links showing drugs or manufacturing activity at 394 Low Gap Rd; allegations relied on information outside the four corners (NPLEx details, officer knowledge of Parson’s address) and thus failed to establish probable cause	Court: Affidavit failed to establish the required nexus to 394 Low Gap Rd; magistrate’s probable‑cause finding was erroneous and the search warrant was invalid; suppression required

Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (defendant may challenge veracity of affidavit; material falsehoods made knowingly or recklessly must be excised)
State v. Severn, 130 N.C. App. 319 (N.C. Ct. App. 1998) (‘‘truthful’’ affidavit means affiant believed or appropriately accepted information as true; not every false statement is bad faith)
State v. Fernandez, 346 N.C. 1 (N.C. 1997) (defendant must preliminarily show affiant knowingly or recklessly made false statements to obtain an evidentiary hearing)
State v. Benters, 367 N.C. 660 (N.C. 2014) (reviewing courts may not rely on suppression‑hearing facts beyond the four corners of the warrant when assessing probable cause)
State v. Hyleman, 324 N.C. 506 (N.C. 1989) (good‑faith exception to exclusionary rule not available where statutory affidavit requirements are substantially violated)