North Carolina Supreme Court Upholds Search of Vehicle Located on Premises as Within Scope of Search Warrant

The North Carolina Supreme Court in State v. Lowe (December 21, 2016) ruled that a search warrant validly authorized a search of a vehicle parked on the driveway of the premises and within its curtilage, and it reversed a contrary ruling by the Court of Appeals (State v. Lowe, 774 S.E.2d 893, 21 July 2015). This post discusses the supreme court’s ruling. Facts. On September 24, 2013, a detective obtained a search warrant for 529 Ashebrook Drive in Raleigh. The affidavit alleged that the detective received (anonymous) information that Michael Turner was selling, using, and storing narcotics at this address, and he had been charged with various drug offenses dating back to 2001, including possession with intent to sell or deliver methamphetamine, cocaine, and heroin. It also alleged that earlier on September 24, 2013, the detective had collected a bag of refuse from a garbage container that was at the curb in front of the address. The bag contained correspondence to Michael Turner with that address, and a field test kit tested positive for marijuana residue in a fast food bag. The warrant authorized the search of the “premises, vehicle, person and other place or item described in the application for the property and person in question.” The next day officers executed the search warrant. They saw a Volkswagen rental car parked in the driveway. The detective was aware of Turner’s vehicles, but they were not present. Inside the residence the officers encountered defendant Lowe and his girlfriend, who were Turner’s [...]