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Criminal Practice – Search & Seizure – Search Warrant – Rented Cabin – Stolen Items
Teresa Bruno, Opinions Editor//July 20, 2017//
Criminal Practice – Search & Seizure – Search Warrant – Rented Cabin – Stolen Items
Teresa Bruno, Opinions Editor//July 20, 2017//
State v. Worley (Lawyers Weekly No. 011-218-17, 15 pp.) (Rick Elmore, J.) Appealed from Transylvania County Superior Court (Mark Powell, J.) N.C. App.
Holding: Given the allegations in the deputy sheriff’s affidavit concerning the victim-farm owners’ suspicions that defendant had stolen from them when he worked for them previously, that defendant had moved to and recently returned from Florida and rented a cabin, and that several items of horse tack had been stolen from the victim’s farm, it was reasonable for the magistrate to infer cumulatively that defendant, an out-of-state resident suspected of a reported breaking and entering and larceny from four days earlier, might keep the fruits of the larceny at his nearby rental cabin. These are just the sort of commonsense inferences that a magistrate is permitted to make when determining whether probable cause exists.
We affirm the trial court’s denial of defendant’s motion to suppress the fruits of the search of his cabin.
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