223 N.C. App. 175
N.C. Ct. App.2012Background
- Gaston County PD received a report of marijuana plants at 248 Loray Farm Road; officers failed to answer at front/side doors and proceeded to back yard.
- In the backyard, officers discovered marijuana plants; plants were seized and transported to headquarters; defendant was arrested for possession of more than 1.5 ounces of marijuana.
- On January 3, 2011, defendant was indicted for possession and for maintaining a dwelling for keeping/selling controlled substances.
- Defendant filed a motion to suppress all evidence from the warrantless search on July 14, 2011; trial court denied September 21, 2011; defendant pled guilty Alford November 15, 2011; sentenced to suspended term with probation.
- On appeal, defendant argued the trial court erred in denying suppression of the warrantless search; the court agreed and reversed, suppressing the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers' entry into the backyard violated the Fourth Amendment | Pasour argues entering the backyard was improper after no response at the doors. | Pasour asserts no justification existed to enter the backyard beyond front-door knocks. | Unlawful entry; Fourth Amendment violation; suppression reversed. |
| Whether plain view doctrine could validate the seizure given unlawful entry | Bolick observed marijuana in plain view as a result of lawful location. | Plain view cannot excuse an unlawful entry into the curtilage. | Plain view not valid where entry was unlawful; suppression affirmed on this basis. |
Key Cases Cited
- Horton v. California, 496 U.S. 128 (1990) (plain view requires lawful location from which object is seen)
- State v. Rhodes, 151 N.C. App. 208 (2002) (determinative issue whether defendant had reasonable expectation of privacy in curtilage)
- Pena v. Porter, 316 F. App'x 303 (4th Cir. 2009) (no reason to expect back-door response; entering backyard violated Fourth Amendment)
- Alvarez v. Montgomery County, 147 F.3d 354 (4th Cir. 1998) (public authorities may enter backyard for questioning; context-dependent)
- Garcia, 997 F.2d 1273 (9th Cir. 1993) (backyard not protected when no reasonable expectation of privacy)