NC Supreme Court Broadens Coverage of “Maintaining a Dwelling”

G.S. 90-108(a)(7) makes it a crime to maintain a store, dwelling, vehicle, boat, or other place for the use, storage, or sale of controlled substances. My NC Crimes book states the elements of the offense: A person guilty of this offense (1) knowingly (2) keeps or maintains (3) a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place (4) (a) being resorted to by persons unlawfully using controlled substances      (b) being used for unlawfully keeping or selling controlled substances. My Crimes book further explains: As used in Element (4)(b), the term “keeping” “denotes not just possession, but possession that occurs over a duration of time.” State v. Dickerson, 152 N.C. App. 714, 716 (2002) (quoting State v. Mitchell, 336 N.C. 22, 32 (1994)). The North Carolina Supreme Court’s recent decision in State v. Rogers, ___ N.C. ___ 817 S.E.2d 150 (Aug. 17, 2018), disavows that language from Mitchell and broadens the coverage of this offense. Here’s what happened in there: A Detective learned that the defendant, who had outstanding warrants, was implicated in drug activity. Having also learned that the defendant would be driving a white Cadillac and staying in Room 129 of a specific Econo Lodge hotel, the Detective began the process of getting a search warrant for the hotel room and vehicle. Meanwhile, a Lieutenant who had arranged for surveillance at the hotel, saw the defendant arrive alone in the Cadillac, park in front of Room 129, and enter the room. After about 45 minutes, the [...]