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State v. Gentile

Court of Appeals of North Carolina

November 18, 2014

STATE OF NORTH CAROLINA
v.
JAMES JOSEPH GENTILE

Heard in the Court of Appeals October 8, 2014.

Editorial Note:

This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]

Appeal by the State from order entered 4 November 2013 by Judge Reuben F. Young in Johnston County Superior Court.

Johnston County. No. 11 CRS 55763-65, 11 CRS 55896.

Attorney General Roy Cooper, by Assistant Attorney General Joseph L. Hyde, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Jon H. Hunt, for defendant.

ELMORE, Judge. Judges BRYANT and ERVIN concur.

OPINION

Page 350

ELMORE, Judge.

The State appeals from an order entered 4 November 2013 by Judge Reuben F. Young in Johnston County Superior Court granting defendant's motion to suppress evidence seized as the result of an unlawful search. After careful consideration, we affirm.

I. Facts

On 14 September 2012, James Joseph Gentile (defendant) filed a motion to suppress illegal drugs and drug paraphernalia seized by law enforcement officers from his residence. During the 9 September 2013 session of Johnston County Superior Court, the trial court heard defendant's motion and made the following pertinent findings of fact:

2. On September 9, 2011, Detective Rodney Langdon received an anonymous complaint that there was a marijuana grow operation in a detached garage adjacent to the residence located at 3236 Jackson-King Road, Willow Spring, Johnston County, North Carolina 27592.
. . .
5. After verifying ownership of the residence, Detective Langdon conducted surveillance on the 3236 Jackson-King Road ...

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