State v. Powell, ___ N.C. App. ___, 800 S.E.2d 745 (May. 16, 2017)

Because the State failed to meet its burden of demonstrating that a warrantless search was authorized by G.S. 15A-1343(b)(13), the trial court erred by denying the defendant’s motion to suppress. The defendant was subjected to the regular condition of probation under G.S. 15A-1343(b)(13). This provision requires that the probationer “Submit at reasonable times to warrantless searches by a probation officer of the probationer's person and of the probationer's vehicle and premises while the probationer is present, for purposes directly related to the probation supervision . . . .” Here, the search of the defendant’s home occurred as part of an ongoing operation of a US Marshal’s Service task force. The court noted that while prior case law makes clear that the presence or participation of law enforcement officers does not, by itself, render a warrantless search under the statute unlawful, the State must meet its burden of satisfying the “purpose” element of the statute. The State failed to meet its burden here. To conclude otherwise would require the court to read the phrase “for purposes directly related to the probation supervision” out of the statute. The court emphasized however that its opinion should not be read as diminishing the authority of probation officers to conduct warrantless searches of probationers’ homes or to utilize the assistance of law enforcement officers in conducting such searches. Rather, it held that on the specific facts of this case the State failed to meet its burden of demonstrating that the search was authorized under the statute.