1. Evidence--actual money seized during arrest-_drugs
The trial court did not err in a possession with intent to sell or deliver cocaine and
misdemeanor possession of marijuana case by denying defendant's motion requesting that the
State produce the actual money seized from defendant during his arrest, because: (1) N.C.G.S. §
15-11.1(a) permits the introduction of substitute evidence at trial as long as it does not prejudice
defendant; (2) the absence of the actual bills neither inhibited the jury nor prejudiced defendant
in this case when the jury got to see the whole picture by listening to the witnesses on each side;
and (3) the jury considered the evidence that defendant claims would exonerate him regarding the
money and rejected it.
2. Drugs--possession with intent to sell or deliver cocaine_-motion to dismiss--
sufficiency of evidence
The trial court did not err by denying defendant's motion to dismiss the charge of
possession with intent to sell or deliver cocaine at the close of all evidence, because: (1) the
amount of cocaine found on defendant far exceeded the amount a typical user would possess for
personal use; (2) the cocaine was packaged separately and an officer indicated that drug dealers
often keep cocaine in individual packages so that it is readily available for sale; and (3) the drugs
were found in close proximity to the money that was also seized.
Attorney General Roy Cooper, by Assistant Attorney General
Fred Lamar, for the State.
Robert T. Newman, Sr., for defendant appellant.
McCULLOUGH, Judge.
Defendant Brandon B. Davis was tried before a jury at the 4
February 2002 Session of the Guilford County Superior Court after
being charged with possession with intent to sell or deliver
cocaine and misdemeanor possession of marijuana. The State's
evidence showed the following: Brandon B. Davis was a passenger ina car that was stopped by Officer Rodney Trent Briles of the
Greensboro Police Department on 1 February 2001. Officer Briles
testified that the vehicle was stopped for displaying expired tags.
The vehicle had four passengers including defendant who was in the
front passenger seat. While Officer Briles was running the tags
through his computer, defendant got out of the car and began to
flee. Officer Briles called for assistance, and Officer James
Bernard Wilde apprehended the fleeing defendant. Officer Wilde
testified that he found 9.2 grams of marijuana, 18.6 grams of
cocaine, and $2,641.68 on defendant. Officer Wilde further stated
that he took the money from defendant and had his supervisor notify
someone in the vice/narcotics division to seize the money
federally.
Corporal Alan Sylvester Wallace worked for the vice/narcotics
division at the time of the arrest and was responsible for
determining whether or not there was probable cause to seize money
pursuant to a drug arrest. After consulting with a U.S. Drug
Enforcement Agency (DEA) official, Corporal Wallace decided that
the $2,641.68 should be seized.
Defendant was arrested and booked by Officer Wilde. On 8
February 2002, the jury found defendant guilty of possession with
intent to sell or deliver cocaine and misdemeanor possession of
marijuana. The Honorable Steve A. Balog sentenced defendant to six
to eight months in prison on 8 February 2002. Defendant appeals.
On appeal, defendant argues that the trial court erred by (I)
denying defendant's motion that the State produce the actual money
seized from defendant during his arrest; and (II) denyingdefendant's motion to dismiss at the end of the State's evidence
because of insufficient evidence. For the reasons set forth
herein, we are not persuaded by defendant's arguments and conclude
that he received a trial free from reversible error.
At the outset, we note that recent court decisions have
stressed the importance of cooperation among law enforcement
agencies. For instance, this Court has stated, American law
enforcement is predicated on cooperation and mutual assistance.
State v. Hill, 153 N.C. App. 716, 720, 570 S.E.2d 768, 771 (2002).
[R]outine inter-governmental cooperation between state and federal
law enforcement agencies is not contrary to our statutory mechanism
to safeguard seized property. Id. at 722, 570 S.E.2d at 772.
The legislature has also spoken to this issue. N.C. Gen.
Stat. § 90-95.2 (2001) allows state and local agencies to assist
each other in enforcing the drug laws, while N.C. Gen. Stat. § 90-
113.5 (2001) requires state and local officials to cooperate with
federal agencies. We find that the actions taken by law
enforcement officers in this case were consistent with these
principles.
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