State v. McPhaul, ___ N.C. App. ___, 808 S.E.2d 294 (Nov. 7, 2017)

In this attempted murder and robbery case, a search warrant was supported by probable cause. On appeal, the defendant argued that the warrant lacked probable cause because a statement by a confidential informant provided the only basis to believe the evidence might be found at the premises in question and the supporting affidavit failed to establish the informant’s reliability. The court disagreed. The detective’s affidavit detailed a meeting between an officer and the confidential informant in which the informant stated that he witnessed described individuals running from the crime scene and said that one of them entered the premises in question. The informant’s statement corroborated significant matters previously known to the police department, including the general time and location of the offenses, the victim’s physical description of his assailants, and the suspect’s possession of items similar in appearance to those stolen from the victim. The affidavit therefore demonstrated the informant’s reliability.

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