An unpublished opinion of the North Carolina Court of Appeals does not constitute
controlling legal authority. Citation is disfavored, but may be permitted in accordance
with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
NO. COA14-154
NORTH CAROLINA COURT OF APPEALS
Filed: 1 July 2014
STATE OF NORTH CAROLINA
v. Durham County
No. 12 CRS 59532
KYLE WESLEY WOOD
Appeal by defendant from judgment entered 26 August 2013 by
Judge Paul C. Ridgeway in Durham County Superior Court. Heard
in the Court of Appeals 3 June 2014.
Attorney General Roy Cooper, by Assistant Attorney General
M. Elizabeth Guzman, for the State.
Russell J. Hollers III for defendant.
HUNTER, Robert C., Judge.
Defendant appeals the judgment sentencing him to twenty-
four months of supervised probation which was entered after he
pled guilty to one count of manufacturing marijuana and one
count of possessing with intent to manufacture, sell, or deliver
marijuana. On appeal, defendant argues that the trial court
erred in denying his motion to suppress because the officers’
initial warrantless entry into defendant’s house and decision to
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remain in the house was not justified by exigent circumstances.
Thus, the marijuana seized as a result of the unconstitutional
entry and search of defendant’s house should have been
suppressed.
After careful review, we affirm the trial court’s denial of
defendant’s motion to suppress.
Background
The State’s evidence presented at the hearing on
defendant’s motion to suppress tended to establish the
following: At approximately 5:00 a.m. on 21 September 2012, a
man called 911 and claimed that he was taking pills and wanted
to commit suicide (“the 911 caller”). The man’s speech was very
slurred and slow, and emergency dispatch had a hard time hearing
him. Although the 911 call had come from 1330 Valley Run Drive
in Durham, the dispatcher misunderstood and dispatched the
officers to 1313 Valley Run Drive, defendant’s address. Officer
Jeffrey Kenyon (“Officer Kenyon”) and Officer Terrence Austin
(“Officer Austin”) responded to the call. At the hearing,
Officer Kenyon testified that he had been a police officer for
four and a half years and was also a member of the crisis
intervention team (“the CIT”). Members of the CIT are specially
trained to deal with and respond to people in crises, including
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those resulting from drug addiction, depression, and suicide.
Officer Kenyon testified that he had responded to “quite a few
suicide attempts” and that many of the callers are deceptive and
deny that they are trying to commit suicide.
After arriving at defendant’s house, Officer Kenyon
testified that the whole house was dark and no one answered when
he knocked on the door for 30 to 45 seconds. He and Officer
Austin looked in the windows with their flashlights to see if
they saw anyone in the house. They came to a bedroom where they
could see a white male lying on a mattress who was later
identified as defendant. Officer Kenyon knocked on the window
and woke him up. When defendant answered the door, Officer
Kenyon told him that police were responding to a suicide threat
and that someone had called from his house reporting that he was
taking pills and wanted to end his life. Defendant told Officer
Kenyon that he was not the caller. Officer Kenyon asked if
there was anyone else in the home; defendant replied that he had
a roommate that stayed in the front bedroom. Officer Kenyon
asked to speak to the roommate; defendant said he would not
allow police into his house. Concerned that defendant’s
roommate was in danger, Officer Kenyon entered defendant’s house
and saw a man in the hallway. After Officer Kenyon told the
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roommate why he was there, the roommate told him that he was not
the 911 caller. The officers performed a safety sweep of the
rooms with their flashlights, and, not finding anyone, met with
defendant and his roommate in a front room.
Based on his past experiences with individuals attempting
to commit suicide, Officer Kenyon contacted his communications
officer and requested that he call back the number to see if a
phone rang in defendant’s house. While they were waiting to
hear back from communications, another officer switched on the
overhead lights for officer safety; up until this point, the
officers were using only their flashlights to illuminate
defendant’s house. As Officer Kenyon learned from
communications that dispatch had sent him to the wrong address,
Officer Austin saw a large black bag with marijuana “falling
out” of it in the middle of the floor next to a fireplace.
Officer Austin testified that the bag was about two feet from
where he was standing in the front room. At that point, to
ensure that there was no one else in the house and concerned for
officer safety based on the fact that there was a large amount
of marijuana in the house, Officer Kenyon walked down the
hallway and looked in a bedroom with its door open. He saw
clotheslines with marijuana hanging from them through the open
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door. After confirming there was no one else in the home, he
and the other officers held defendant and his roommate in the
front room while other officers secured a search warrant.
On 18 February 2013, defendant was indicted for
manufacturing marijuana, possession with intent to sell or
deliver marijuana, felonious possession of marijuana,
maintaining a dwelling for the purpose of keeping or selling
marijuana, and possession of drug paraphernalia. After the
trial court denied his motion to suppress, defendant pled guilty
to one count of manufacturing marijuana and one count of
possessing with intent to sell or deliver marijuana, reserving
the right to appeal the denial of his motion to suppress. The
trial court sentenced defendant to a minimum term of five months
to a maximum term of fifteen months imprisonment but suspended
the sentence and placed defendant on twenty-four months of
supervised probation. Defendant appeals.
Argument
Defendant’s sole argument on appeal is that the trial court
erred in denying his motion to suppress. Specifically,
defendant contends that the officers’ entry into defendant’s
home without a warrant or defendant’s consent was unreasonable
because they did not have an objectively reasonable belief that
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anyone inside the home was injured or needed immediate aid.
Furthermore, even if the initial entry was reasonable, defendant
contends that it was unreasonable for officers to remain in his
home once they determined that neither defendant nor his
roommate were the 911 caller. Accordingly, any evidence in
plain view they saw was not within the reasonable scope of
rendering emergency assistance and should have been suppressed.
Our review of a trial court’s denial of a motion to
suppress is “strictly limited to determining whether the trial
judge’s underlying findings of fact are supported by competent
evidence, in which event they are conclusively binding on
appeal, and whether those factual findings in turn support the
judge’s ultimate conclusions of law.” State v. Cooke, 306 N.C.
132, 134, 291 S.E.2d 618, 619 (1982).
The Fourth Amendment to the United States Constitution
prohibits “unreasonable searches and seizures.” U.S. Const.
amend. IV. Generally, searches and seizures conducted without
judicial authorization are per se unreasonable unless they fall
within a well-established exception to the warrant requirement.
State v. Graves, 135 N.C. App. 216, 219, 519 S.E.2d 770, 772
(1999).
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One exception to the warrant requirement is when officers
have an objectively reasonable basis for believing that someone
has been injured and may need assistance or that further
violence is imminent. See State v. China, 150 N.C. App. 469,
479, 564 S.E.2d 64, 71 (2002) (“Officers may enter a house for
emergency purposes without a warrant when they believe a person
in the house is in need of immediate aid or assistance in order
to avoid serious injury.”). This Court has noted that “[a] law
enforcement officer’s action is reasonable and therefore
constitutional as long as the circumstances objectively justify
the officer’s behavior.” State v. Cline, 205 N.C. App. 676,
679, 696 S.E.2d 554, 557 (2010).
Whether exigent circumstances exist to allow a warrantless
entry into someone’s home is determined on a case-by-case basis.
Id. at 680, 696 S.E.2d at 558. For example, in Cline, id. at
682, 696 S.E.2d at 555, this Court held that exigent
circumstances existed for an officer to make an immediate
warrantless entry into the defendant’s home based on the fact
that there was an unattended child on the side of a highway, the
officer believed that the defendant was the child’s father, no
one answered the officer’s repeated knocks at the door, the
home’s back door was open, and a search warrant would have taken
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over two hours to obtain. Similarly, in State v. Scott, 343
N.C. 313, 329, 471 S.E.2d 605, 614 (1996), our Supreme Court
held an officer’s warrantless search of a crawlspace under the
defendant’s house was not unreasonable because the officer was
at the defendant’s home to investigate a missing persons report,
the officer observed green flies which may indicate a decaying
corpse, and no one answered the officer’s repeated knocks at the
door.
The first issue is whether the officers’ initial
warrantless entry into defendant’s house was justified. Here,
Officer Kenyon, who had been a police officer for over four
years and a member of the CIT who had responded to numerous
suicide calls, was dispatched to defendant’s home after the
dispatcher told him that someone was attempting to commit
suicide at defendant’s address. Although the dispatcher
misunderstood the caller’s address, at the time Officer Kenyon
responded, he had no way of knowing the dispatcher’s mistake.
Once he arrived at the home and spoke to defendant, based on his
experience, he was concerned that someone else other than
defendant may be in need of emergency assistance. In fact,
defendant admitted to Officer Kenyon that he had a roommate but
refused to allow him in the house to check on the roommate. In
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an effort to ensure that no one else in defendant’s house was
attempting to commit suicide, Officer Kenyon entered the home to
speak with defendant’s roommate and anyone else he found in the
house. A reasonable officer in Officer Kenyon’s position could
have believed that the 911 caller was still in the house and in
need of emergency assistance. Furthermore, given that the
caller claimed to have already taken pills in his effort,
Officer Kenyon needed to immediately enter defendant’s house
because waiting for a search warrant would have taken too long
under the circumstances. Accordingly, Officer Kenyon was
authorized to make the initial warrantless entry into
defendant’s house.
Next, the Court must determine whether the officers’ action
of remaining in defendant’s house after talking with defendant
and his roommate was within the reasonable scope of rendering
emergency assistance. See State v. Woods, 136 N.C. App. 386,
392, 524 S.E.2d 363, 367 (2000) (noting that even though an
entry into a house may be justified, the Court must look at
whether the scope of the ensuing searches was reasonable under
the circumstances by determining whether it furthers the stated
purpose for entering). Although officers spoke to defendant and
his roommate and both denied being the 911 caller and claimed
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that there was no one else in the house, Officer Kenyon remained
concerned, given his past experience with responding to suicide
attempts, that there was someone else in the house and that the
911 caller did not want to identify himself. To check, Officer
Kenyon and the other officers remained in defendant’s house to
have dispatch call back the 911 caller’s number and listen for a
phone. At this point, Officer Kenyon still reasonably believed
that the 911 call came from defendant’s house. Furthermore, his
solution to ensure the safety of the caller was justified and as
unobtrusive as possible under the circumstances. Consequently,
turning on the lights and remaining in the front room waiting
for dispatch to call back the 911 caller’s number was reasonable
and still within the scope of rendering emergency assistance.
Finally, the last issue is whether the officer’s seizure of
the marijuana in the black bag was constitutional under the
plain view doctrine. Under the plain view doctrine, police may
seize evidence without a warrant if “(1) the officer was in a
place where he had a right to be when the evidence was
discovered; (2) the evidence was discovered inadvertently; and
(3) it was immediately apparent to the police that the items
observed were evidence of a crime or contraband.” State v.
Graves, 135 N.C. App. 216, 219, 519 S.E.2d 770, 772 (1999).
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While waiting for the dispatcher’s call and after turning on the
light, Officer Austin saw a black bag with marijuana visibly
falling out of it in plain view, approximately two feet away
from where he was standing. Based on the emergency exigent
circumstances, the officers were authorized to enter defendant’s
house and remain in defendant’s home. When they saw the
marijuana, they were not looking for it, and it was immediately
apparent, based on how it looked and smelled, that it was
marijuana. Thus, the marijuana in the front room was
constitutionally seized pursuant to the plain view doctrine.
In summary, Officer Kenyon’s initial warrantless entry into
defendant’s house was reasonable based on the exigent
circumstances of rendering emergency assistance. In addition,
the officers’ decision to remain in defendant’s house and turn
on the lights even after speaking with defendant and his
roommate was still within the scope of rendering emergency aid
and, thus, constitutional. Finally, once the lights were on,
the marijuana seized in defendant’s front room was in plain view
of Officer Austin. Therefore, the warrant obtained by the
officers after seeing the marijuana was not fruit of the
poisonous tree since the officers’ conduct was constitutional in
entering and remaining in defendant’s house. See State v.
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McKinney, 361 N.C. 53, 58, 637 S.E.2d 868, 872 (2006) (holding
that “[o]nly evidence discovered as a result of unconstitutional
conduct constitutes fruit of the poisonous tree”). Therefore,
the trial court properly denied defendant’s motion to suppress.
Conclusion
Based on the foregoing reasons, we affirm the trial court’s
judgment.
AFFIRMED.
Judges McGEE and ELMORE concur.
Report per Rule 30(e).