NC: Seeing a “pipe” in a house in affidavit for SW doesn’t tell whether it was drug paraphernalia; no PC

The affidavit for the search warrant in this case mentioned that a pipe was seen in defendant’s house. The court of appeals finds that the affidavit doesn’t tell enough to determine whether it was a pipe for use for ingesting drugs, so the affidavit fails to show probable cause. State v. Lenoir, 2018 N.C. App. LEXIS 519 (June 5, 2018).*

The CI gave detailed information that defendant and a confederate would show up at a parking lot to conduct a drug deal, and the CI had been reliable in the past. When defendant showed up at the parking lot with the confederate, that was at least reasonable suspicion for defendant’s stop, and then drugs were seen. The search of the car was with probable cause. State v. Madden, 2018 Tenn. Crim. App. LEXIS 429 (June 5, 2018).*

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