When a Person Sells Drugs Away from His or Her Home, Does that Provide Probable Cause to Search the Person’s Home?

The question in the title of this post is an oversimplified version of the issue addressed by the court of appeals last week in State v. Bailey, __ N.C. App. __, __ S.E.2d __, 2019 WL 3925864 (Aug. 20, 2019). But it isn’t oversimplified by much, and the appellate division may be inching closer to answering the question in the affirmative. Facts. Bailey began when Carteret County officers saw a blue Jeep park in an apartment complex. Its occupants were a man and a woman who lived together. Each had a history of drug activity. A second woman emerged from another vehicle, entered the Jeep, and emerged 30 seconds later. Both vehicles then drove away. Suspecting that they had just witnessed a drug transaction, officers followed the second woman’s vehicle, stopped it for traffic infractions, and asked her whether she had just purchased heroin. She acknowledged that she had and was released with a “strong reprimand.” Meanwhile, other officers followed the Jeep until it arrived at the occupants’ residence. Both occupants went into their home. Based on the above facts, officers sought and obtained a search warrant for the residence. When the warrant was executed, both were present, as was the eventual defendant, apparently a third roommate in the home. Officers seized drugs, paraphernalia, and $900 from the defendant and he was charged with trafficking in cocaine. He moved to suppress, arguing that the warrant was not supported by probable cause. The trial court denied the motion and the defendant pled guilty [...]