State v. WilkesÂ
256 N.C. App. 385
| N.C. Ct. App. | 2017Background
- Victim Brianne Ginty was found burned to death inside her car; officers found a cut window screen and a knife and chair below the window at her home.
- Antoine Reid (victim’s boyfriend) and Jermaine Wilkes had been at Ginty’s home the night of the incident; Reid admitted cutting the screen, entering through the window, and unlocking the front door so Wilkes could re-enter.
- Witnesses placed Wilkes near the scene the morning the car was found; Wilkes’s whereabouts were reported as evasive after Reid’s arrest.
- Officers later located Wilkes, detained him (read Miranda at the sheriff’s department), and during custodial questioning Wilkes made inculpatory statements.
- Wilkes moved to suppress those statements, arguing officers lacked probable cause to arrest him; the trial court denied suppression, Wilkes pled guilty reserving right to appeal the suppression denial.
- The Court of Appeals granted certiorari and reviewed whether the officers had probable cause for Wilkes’s arrest (at least for breaking and entering).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wilkes) | Held |
|---|---|---|---|
| Was there probable cause to arrest Wilkes? | Officers had reasonably trustworthy information (cut screen, knife/chair, Reid’s admission, witnesses) supporting a fair probability Wilkes committed a crime. | Officers lacked probable cause because available evidence tied only Reid to the break‑in and did not establish Wilkes’s criminal conduct or that the burning was intentional. | Probable cause existed at least for breaking and entering based on the totality of circumstances; suppression denied. |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (establishes probable cause standard for warrantless arrests)
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances test for probable cause)
- United States v. Cortez, 449 U.S. 411 (probable cause concerns probabilities, not certainties)
- Devenpeck v. Alford, 543 U.S. 146 (valid arrest may be supported by probable cause for a different offense than the one officers cited)
- State v. Jackson, 368 N.C. 75 (standard of review for suppression findings and conclusions)
- State v. Smith, 328 N.C. 99 (de novo review of legal conclusions in suppression rulings)
- State v. Biber, 365 N.C. 162 (probable cause does not require prima facie proof of guilt)
- State v. Crawford, 125 N.C. App. 279 (discussion of "fair probability" level for probable cause)