State v. RobinsonÂ, 255 N.C. App. 397

Police executed a search warrant at 3627 Corbett Street on June 26, 2014; officers seized two firearms, cocaine, and marijuana; defendant Charles Robinson was present and made statements admitting ownership of the firearms and cocaine.
Robinson was indicted on multiple counts including possession of cocaine with intent to sell, possession of a firearm by a felon, and habitual felon status; some counts were later dismissed.
Robinson moved to suppress the seized evidence and his statements, arguing the warrant lacked probable cause and (in the suppression motion) that parts of the supporting affidavit were false; the trial court denied suppression.
At trial the State presented CRI-controlled-buy allegations from the warrant affidavit, Crime Stoppers tip corroboration, and testimony identifying items seized; Robinson and witnesses disputed ownership and offered a theory that drugs were planted.
Jury convicted Robinson of possession with intent to sell cocaine and possession of a firearm by a felon; he pled guilty to habitual felon and was sentenced to concurrent prison terms.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Robinson)	Held
1. Whether the search warrant affidavit contained knowingly false statements such that suppression was required	Warrant affidavit was valid; any inaccuracies are insufficient to show Franks-level bad faith or recklessness; magistrate had probable cause	Affidavit included false/misleading assertions (CRI buy, address/date) so probable cause fails or affidavit is tainted by bad faith	Court: No preserved Franks challenge; Robinson did not timely or adequately show bad faith; affidavit supported probable cause; suppression properly denied
2. Whether giving jury instructions on both actual and constructive possession was plain error when only constructive possession had evidentiary support	Both instructions were permissible; evidence supported constructive possession and the distinction would not have changed verdict	Instruction on actual possession was unsupported by the evidence and therefore prejudicial	Court: Defendant consented to instructions and made no objection; even reviewed for plain error, no reversible error — jury likely decided on constructive-possession facts, so no probable impact on verdict

Franks v. Delaware, 438 U.S. 154 (establishes rule for challenging warrant affidavits based on knowingly false statements or reckless disregard for truth)
State v. Fernandez, 346 N.C. 1 (discusses Franks standard under North Carolina law and the preliminary showing required to obtain an evidentiary hearing)
State v. Taylor, 191 N.C. App. 587 (addresses required detail for affidavits describing controlled buys)
State v. Boyd, 366 N.C. 548 (explains disjunctive jury instructions and when a reviewing court should assess whether an unsupported theory likely affected the verdict)
State v. Lawrence, 365 N.C. 506 (sets out plain error standard for jury instruction review)