Opinion
No. COA13–116.
2013-10-15
STATE of North Carolina v. Jean Carlo Toledo VILLANUEVA.
By comparison, in this case, the plain and only reasonable reading of the affidavit is that it supplies information concerning the timeframe that the confidential informant told the police that he, at some time in the past, had seen drugs in Defendant's house. This, I believe, is incompetent evidence to support the trial court's finding of fact number 6 that “a fair reading ... would be that the Confidential Informant had seen marijuana ... in the residence within the last 48 hours.” Therefore, I believe there is insufficient evidence in this case to support a determination that probable cause existed; and, accordingly, I agree with the majority's mandate to reverse and remand the trial court's order denying Defendant's motion to suppress.