The Statutory "Four Corners" Rule When Determining Probable Cause for a Search Warrant

G.S. 15A-245 provides that information other than that contained in a search warrant affidavit may not be considered by the issuing official in determining whether probable cause exists to issue the warrant unless the information is either recorded or contemporaneously summarized in the record or on the face of the warrant by the issuing official. This is commonly known as the “four corners” rule because the issuing official and later a judge at a suppression hearing may only consider information within the four corners of the search warrant (with the limited exception mentioned above). The issue does not arise often in appellate court opinions. However, it was involved in the June 21, 2016, North Carolina Court Appeals case of State v. Brown, available here, and is the subject of this post. State v. Brown. An officer in 2012 applied for and received a warrant to search a residence for counterfeit currency and related items, as well as firearms. Charges against Brown resulted from what was found in the home, and the defendant moved to suppress the evidence seized during the execution of the search warrant. The officer was sole witness at the suppression hearing. He sought to clarify language in the affidavit concerning when his confidential informant obtained the information concerning Brown’s alleged criminal activities. The affidavit essentially had said that in the past 48 hours the officer had spoken with the informant, who revealed that he had been in contact with Brown. The informant gave the officer a counterfeit $100 [...]