A Reliable Source Told Detective J. Hastings

946 Words Apr 8th, 2016 4 Pages
In Benters a reliable source told Detective J. Hastings there was an indoor marijuana growing operation at 527 Currin Road in Henderson, North Carolina, and Glenn Benters owned the property but was not living there. Benters at 662, 766 S.E.2d at 596 (2014). Hastings obtained a subpoena to look at the utility use for the property and discovered that it was indicative of a marijuana growing operation. Id. Hastings and Officer Joseph Ferguson traveled to Benters’ property and saw tools used for marijuana growing outside the premises. Id. After that observation, they conducted a knock and talk on the back door. Id. at 662, 766 S.E.2d at 596-597 (2014). After no answer, Ferguson walked to a building where music was playing and smelled marijuana. Id. at 663, 766 S.E.2d at 597 (2014). The doors were locked, and it was covered with black plastic used to hide the light from halogen lights used in marijuana growth. Id. After this discovery, Ferguson was able to obtain a search warrant. Once it was executed, officers seized fifty-five marijuana plants, $1540 in cash, Ziploc bags, and numerous growing supplies. Id. Since the informant’s information was only conclusive, the information was evaluated under an anonymous tipster standard, and the knock and talk was illegal, the court found that the magistrate did not have probable cause to issue the warrant and the evidence found should be suppressed. Id. at 671-773, 766 S.E.2d at 602-603 (2014). Even though the court ruled in favor of…
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