The trial court's denial of defendant's motion to suppress all evidence that was obtained
as a result of the police entering his hotel room in a trafficking in cocaine case must be
remanded for further consideration and findings because the evidence as to defendant's consent
was conflicting and the trial court did not include a specific finding as to whether defendant
voluntarily consented to the search of the hotel room. Appeal by defendant from judgment entered 8 October 1998 by
Judge James R. Vosburgh in Lenoir County Superior Court. Heard
in the Court of Appeals 4 October 1999.
Attorney General Michael F. Easley, by Special Deputy
Attorney General Hal F. Askins, for the State.
George L. Jenkins, Jr. for defendant-appellant.
McGEE, Judge.
A Lenoir County grand jury indicted defendant on 3 August
1998 for trafficking in cocaine by possessing in excess of 28
grams but less than 200 grams of cocaine. A jury found defendant
guilty of the charge, and the trial court sentenced him to a term
of thirty-five to forty-two months' imprisonment. From the trial
court's judgment, defendant appeals.
The State introduced evidence at trial tending to show the
following: On 12 February 1998, Kinston Police Detectives Robert
Harrell and Jacob Rogers stopped a vehicle driven by Wesley
Haywood Brown on the basis of information they had received from
a confidential and reliable source. After obtaining Brown's
consent, the detectives searched the vehicle. They seized a .38
caliber revolver which was in a little pocket on the back of the
driver's seat. They placed Brown under arrest for carrying a
concealed weapon. The detectives also seized numerous smallplastic bags and a key to room 224 of the Kinston Motor Lodge.
The detectives went to the Kinston Motor Lodge. When Detective
Harrell began to testify about how they gained entry into room
224, defendant objected. After the jury was excused, defendant's
attorney moved to suppress any evidence that was obtained as a
result of the entry into the room.
During voir dire, Detective Harrell stated that as a result
of his conversation with Brown, both he and Detective Rogers
knocked on the room door two or three times. Defendant, who
appeared to have just awakened, answered the door dressed in his
underwear. Detective Harrell explained to defendant the
information they had received and told him of Brown's arrest. He
asked if defendant had any contraband in the room and if the
detectives could search his room. Defendant stated he did not
mind if they searched the room, and he did not subsequently
revoke his consent.
During the room search, the detectives found a bag
containing 1.1 grams of crack cocaine in a leather jacket. A
canine officer located approximately 31 grams of crack cocaine in
a jean coat which was in a clothing bag. Detective Rogers found
a set of scales on a table and $280.00 above the bathroom's
ceiling tile. An additional $155.00 was also recovered elsewhere
in the room. After defendant was placed under arrest and takento the police station, Detective Harrell spoke with him there.
He informed defendant of his Miranda rights, and defendant signed
a waiver of rights form. In a signed statement, defendant stated
that he had purchased the crack cocaine from some young boys in
Kinston.
Defendant testified during voir dire that the detectives had
come into the room, awakened him, and told him to get out of bed.
He stated that the detectives did not request his permission to
search the room, nor did he give them permission to search.
Defendant denied giving a statement to police. He asserted that
an officer had drawn a line on a blank piece of paper and told
him to sign it and that he saw the written statement for the
first time when his attorney presented it to him. While
defendant admitted using heroin during the morning of 12 February
1998, he denied using cocaine. When asked if he had resisted or
objected to the detectives' search, defendant said he was just
waking up, the police were already in his room, and he did not
know what was going on. The manager of the Kinston Motor Lodge
testified that defendant had rented the room on a day-to-day
basis from 9 February to 13 February 1998.
In denying defendant's motion to suppress, the trial court
found that "Officer Harrell testified that he informed the
defendant as to the reason for the presence of the officers,asked for permission to search the room, and testified that the
defendant gave permission to search." While the trial court
stated it had "some serious questions with the truthfulness" of
both Detective Harrell and defendant, the trial court found there
was sufficient evidence to deny defendant's motion to suppress.
Defendant contends the trial court erred by denying his
motion to suppress and by admitting the evidence seized as a
result of the detectives' search of the room. He argues the
warrantless search was unreasonable and unconstitutional.
While a warrantless search and seizure inside a dwelling is
presumptively unreasonable, such "a search is not unreasonable
within the meaning of the Fourth Amendment when lawful consent to
the search is given." State v. Smith, 346 N.C. 794, 798, 488
S.E.2d 210, 213 (1997) (citations omitted); see also N.C. Gen.
Stat. § 15A-221(a) (1997) (officer may conduct warrantless search
and seizure if consent is given). "Consent to search, freely and
intelligently given, renders competent the evidence thus
obtained." State v. Frank, 284 N.C. 137, 143, 200 S.E.2d 169,
174 (1973) (citations omitted). "'Knock and talk' is a procedure
utilized by law enforcement officers to obtain a consent to
search when they lack the probable cause necessary to obtain a
search warrant." Smith, 346 N.C. at 800, 488 S.E.2d at 214.
After conducting a hearing on a motion to suppress, a trialcourt "should make findings of fact that will support its
conclusions as to whether the evidence is admissible. If there
is no conflict in the evidence on a fact, failure to find that
fact is not error. Its finding is implied from the ruling of the
court." State v. Munsey, 342 N.C. 882, 885, 467 S.E.2d 425, 427
(1996) (citation omitted). The State's evidence in the form of
both detectives' testimony was that defendant consented to the
search of the room, while defendant's evidence was that the
detectives neither requested nor received his permission to
search the room. No evidence was presented to suggest coercion
or intimidation by the detectives in obtaining defendant's
consent to search.
The trial court's findings did not include a specific
finding as to whether defendant voluntarily consented to the
search of room 224 of the Kinston Motor Lodge. The State argues
that even if the trial court failed to make a formal ruling, such
failure does not by itself constitute reversible error. A
finding may be implied by the trial court's denial of defendant's
motion to suppress where the evidence is uncontradicted. State
v. Cobb, 295 N.C. 1, 18-19, 243 S.E.2d 759, 769 (1978). However,
in the case before us, as in Smith, the evidence as to
defendant's consent to the search is conflicting. For this
reason, we cannot determine as a matter of law whether or not theevidence seized violated defendant's Fourth Amendment rights.
Accordingly, we remand to the trial court for reconsideration of,
and further findings on, defendant's motion to suppress in
accordance with this opinion.
Reversed and remanded.
Judges HORTON and SMITH concur.
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