State v. McCain, 212 N.C. App. 228 (May. 17, 2011)

The court held in this drug case, the search warrant was supported by probable cause. In his affidavit, the Investigator stated that he had received information within the past 30 days from confidential reliable informants (“CRIs”) that the defendant was selling narcotics from his residence; during June and July of 2008, the sheriff’s department had received information from anonymous callers and CRIs that drugs were being sold at the defendant’s residence; in July 2008, the Investigator met with a “concerned citizen” who stated that the defendant was supplying drugs to his sister who was addicted to “crack” cocaine; the defendant’s residence had been “synonymous with the constant sale and delivery of illegally controlled substances” as the defendant had been the subject of past charges and arrests for possession with intent to sell and deliver illegal controlled substances; and the defendant’s criminal background check revealed a “prior history” of possession of narcotics. Given the specific information from multiple sources that there was ongoing drug activity at the defendant’s residence combined with the defendant’s past criminal involvement with illegal drugs, sufficient probable cause was presented the affidavit. The court further concluded that the information from the informants properly was considered, noting that the CRIs had been “certified” because information provided by them had resulted in arrests and convictions in the past, they were familiar with the appearance, packaging, and effects of cocaine, they provided statements against penal interest, the Investigator had met personally with the concerned citizen, and the CRIs, callers, and the concerned citizen had all given consistent information that during the months of June and July 2008, illegal drugs were being sold at the defendant’s residence.