in the Court of Appeals 17 May 2018.
by defendant from judgment entered 8 December 2016 by Judge
Michael R. Morgan in Wake County No. 14 CRS 205326 Superior
Attorney General Joshua H. Stein, by Assistant Attorney
General Kevin G. Mahoney, for the State.
Appellate Defender Glenn Gerding, by Assistant Appellate
Defender Jillian C. Katz, for defendant-appellant.
Edward Teague, III ("Defendant") appeals from a
judgment entered upon a plea agreement from which he pleaded
guilty to a count of possession with intent to sell or
distribute marijuana and possession of marijuana. We find no
March 2014, Raleigh Police Detective N.D. Braswell applied
for a search warrant for the premises located at 621
Manchester Drive in Raleigh, North Carolina. In his probable
cause affidavit (the "Affidavit"), submitted to a
stated that "he received information from a concerned
citizen in the neighborhood who wants to remain anonymous . .
. that he/she believes narcotics are being sold from 621
Manchester Drive." The Affidavit does not state when
Detective Braswell received this information from the
anonymous tipster, nor what led the tipster to
"believe narcotics [were] being sold from 621
Manchester Drive." Based upon the anonymous tip,
Detective Braswell began an investigation and surveillance of
activities occurring at 621 Manchester Drive (the
to the Affidavit, Detective Braswell drove by the Residence
and checked the license plate number on a 1989 Buick
automobile parked in the driveway through CJLEADs, a law
enforcement database. This database search showed the
automobile was registered to Laura Teague. In the Affidavit,
Detective Braswell stated, "I am familiar with this
address and the son of Ms. Teague from my previous
assignments as a patrol beat officer with Raleigh Police
Department. Joseph Edwards Teague III is the son of Ms.
Braswell "then checked city of Raleigh databases"
and found Defendant had an established waste and water
utilities account for the Residence. Detective Braswell
"utilized another database and confirmed that
[Defendant] lives at 621 Manchester Dr."
noting the "regular refuse day for [the Residence] is
Thursday, " Detective Braswell averred in the Affidavit
that he had "conducted a refuse investigation in the
early morning hours of Thursday." Detective Braswell did
not designate what was the date of the Thursday he had
conducted the refuse investigation, nor to which
"Thursday" he referred. The trash can Detective
Braswell searched was located to the left of the driveway of
the Residence, "only inches from the curb line."
There was not a house or structure located to the left of the
Residence. The nearest structure to the left of the Residence
was a church at an unspecified distance.
the trash can, Detective Braswell found three white trash
bags. Detective Braswell found a red Solo cup containing a
green leafy substance; five cut-open food saver bags; and a
Ziplock bag containing trace residue "of what appear[ed]
to be marijuana" inside the trash bags. Inside one of
the trash bags, Detective Braswell also found a Vector butane
gas container, which he noted in the Affidavit can be
"used to make butane hash oil by extracting the THC from
marijuana through the use of butane." According to the
Affidavit, Detective Braswell "utilized a narcotics
analysis reagent kit to test the substance for marijuana. The
green leafy substance field tested positive for
Affidavit, Detective Braswell also included information about
prior criminal charges and case dispositions involving
[Defendant] was charged with possession [of] marijuana [of]
less than one half ounce and possession of drug paraphernalia
. . . . He accepted a plea to possession of drug
paraphernalia. [Defendant] was charged with simple possession
of marijuana and possession of drug paraphernalia . . . and
dismissed by [the] DA. [Defendant] was charged with PWISD
marijuana, maintaining a dwelling for controlled substance,
and possession of drug paraphernalia . . . . He accepted a
plea to possession of drug paraphernalia.
On 6 March 2014, Detective Braswell submitted an application
along with the Affidavit to obtain a warrant to search
Defendant's Residence. The magistrate found probable
cause and issued the search warrant. Pursuant to that
warrant, law enforcement officers searched Defendant's
Residence on 7 March 2014, and the following items were
1.358 grams of marijuana
2.40.39 grams of marijuana
3.39 grams butane hash oil
4.$1, 015 in United States currency
5.55 grams of butane hash oil in multi-colored containers
6.2 empty red plastic containers
7.Time Warner mail addressed to Defendant.
8.1 gram of butane hash oil on a Silpat.
9.a black pelican case containing a glass ...