{ "id": 8554519, "name": "STATE OF NORTH CAROLINA v. WALTER DOUGLAS LONG", "name_abbreviation": "State v. Long", "decision_date": "1978-08-29", "docket_number": "No. 788SC206", "first_page": "662", "last_page": "671", "citations": [ { "type": "official", "cite": "37 N.C. App. 662" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "434 U.S. 106", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6180104 ], "weight": 3, "year": 1977, "opinion_index": 0, "case_paths": [ "/us/434/0106-01" ] }, { "cite": "92 L.Ed. 210", "category": "reporters:federal", "reporter": "L. Ed.", "year": 1948, "opinion_index": 0 }, { "cite": "332 U.S. 581", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 365313 ], "weight": 2, "year": 1948, "opinion_index": 0, "case_paths": [ "/us/332/0581-01" ] }, { "cite": "392 U.S. 40", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6167951 ], "weight": 3, "year": 1968, "opinion_index": 0, "case_paths": [ "/us/392/0040-01" ] }, { "cite": "392 U.S. 1", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6167798 ], "weight": 6, "year": 1968, "pin_cites": [ { "page": "24" }, { "page": "907-908" }, { "page": "1881" } ], "opinion_index": 0, "case_paths": [ "/us/392/0001-01" ] }, { "cite": "228 S.E. 2d 457", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1976, "opinion_index": 0 }, { "cite": "290 N.C. 666", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8564129, 8564070, 8564049, 8564156, 8564095 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/nc/290/0666-04", "/nc/290/0666-02", "/nc/290/0666-01", "/nc/290/0666-05", "/nc/290/0666-03" ] }, { "cite": "226 S.E. 2d 186", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1976, "opinion_index": 0 }, { "cite": "30 N.C. App. 101", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8552173 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/nc-app/30/0101-01" ] }, { "cite": "263 A. 2d 686", "category": "reporters:state_regional", "reporter": "A.2d", "case_ids": [ 3038157 ], "year": 1970, "opinion_index": 0, "case_paths": [ "/ri/106/0739-01" ] }, { "cite": "106 Ariz. 352", "category": "reporters:state", "reporter": "Ariz.", "case_ids": [ 4211357 ], "weight": 2, "year": 1970, "opinion_index": 0, "case_paths": [ "/ariz/106/0352-01" ] }, { "cite": "327 F. 2d 597", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 121130 ], "year": 1963, "opinion_index": 0, "case_paths": [ "/f2d/327/0597-01" ] }, { "cite": "475 F. 2d 977", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 281397, 3588671 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/f2d/475/0977-01", "/us-app-dc/154/0393-01" ] }, { "cite": "440 S.W. 2d 308", "category": "reporters:state_regional", "reporter": "S.W.2d", "case_ids": [ 10134375 ], "year": 1969, "opinion_index": 0, "case_paths": [ "/sw2d/440/0308-01" ] }, { "cite": "288 A. 2d 849", "category": "reporters:state_regional", "reporter": "A.2d", "year": 1972, "opinion_index": 0 }, { "cite": "60 N.J. 319", "category": "reporters:state", "reporter": "N.J.", "case_ids": [ 1911329 ], "year": 1972, "opinion_index": 0, "case_paths": [ "/nj/60/0319-01" ] }, { "cite": "208 Kan. 893", "category": "reporters:state", "reporter": "Kan.", "case_ids": [ 61073 ], "weight": 2, "year": 1972, "opinion_index": 0, "case_paths": [ "/kan/208/0893-01" ] }, { "cite": "217 N.E. 2d 557", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1966, "opinion_index": 0 }, { "cite": "69 Ill. App. 2d 312", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 2591675 ], "year": 1966, "opinion_index": 0, "case_paths": [ "/ill-app-2d/69/0312-01" ] }, { "cite": "177 S.E. 2d 487", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1970, "opinion_index": 0 }, { "cite": "122 Ga. App. 455", "category": "reporters:state", "reporter": "Ga. App.", "case_ids": [ 725826 ], "year": 1970, "opinion_index": 0, "case_paths": [ "/ga-app/122/0455-01" ] }, { "cite": "222 So. 2d 3", "category": "reporters:state_regional", "reporter": "So. 2d", "case_ids": [ 9700612 ], "year": 1969, "opinion_index": 0, "case_paths": [ "/so2d/222/0003-01" ] }, { "cite": "335 F. 2d 652", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 150480 ], "year": 1964, "opinion_index": 0, "case_paths": [ "/f2d/335/0652-01" ] }, { "cite": "95 S.Ct. 185", "category": "reporters:federal", "reporter": "S. Ct.", "year": 1974, "opinion_index": 0 }, { "cite": "42 L.Ed. 2d 147", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1974, "opinion_index": 0 }, { "cite": "419 U.S. 901", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6395234, 6395470, 6395598, 6394704, 6395121, 6394545, 6394995, 6395733, 6395351, 6394844 ], "year": 1974, "opinion_index": 0, "case_paths": [ "/us/419/0901-06", "/us/419/0901-08", "/us/419/0901-09", "/us/419/0901-02", "/us/419/0901-05", "/us/419/0901-01", "/us/419/0901-04", "/us/419/0901-10", "/us/419/0901-07", "/us/419/0901-03" ] }, { "cite": "491 F. 2d 1323", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 203832 ], "opinion_index": 0, "case_paths": [ "/f2d/491/1323-01" ] }, { "cite": "97 S.Ct. 644", "category": "reporters:federal", "reporter": "S. Ct.", "year": 1976, "opinion_index": 0 }, { "cite": "50 L.Ed. 2d 626", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1976, "opinion_index": 0 }, { "cite": "429 U.S. 1024", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 5568, 7105, 6881, 6627, 6465, 5577, 5773, 6353, 6838, 6615, 7544, 6521, 7518 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/us/429/1024-10", "/us/429/1024-03", "/us/429/1024-06", "/us/429/1024-07", "/us/429/1024-01", "/us/429/1024-13", "/us/429/1024-02", "/us/429/1024-05", "/us/429/1024-12", "/us/429/1024-04", "/us/429/1024-11", "/us/429/1024-08", "/us/429/1024-09" ] }, { "cite": "539 F. 2d 14", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 1039930 ], "opinion_index": 0, "case_paths": [ "/f2d/539/0014-01" ] }, { "cite": "92 L.Ed. 436", "category": "reporters:federal", "reporter": "L. Ed.", "year": 1948, "opinion_index": 0 }, { "cite": "333 U.S. 10", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6156920 ], "weight": 2, "year": 1948, "opinion_index": 0, "case_paths": [ "/us/333/0010-01" ] }, { "cite": "407 U.S. 345", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 9138193 ], "weight": 3, "year": 1972, "opinion_index": 0, "case_paths": [ "/us/407/0345-01" ] }, { "cite": "56 N.C.L. Rev. 527", "category": "journals:journal", "reporter": "N.C. L. Rev.", "year": 1978, "opinion_index": 0 }, { "cite": "401 U.S. 37", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11711728 ], "weight": 3, "year": 1971, "opinion_index": 0, "case_paths": [ "/us/401/0037-01" ] } ], "analysis": { "cardinality": 901, "char_count": 21452, "ocr_confidence": 0.816, "pagerank": { "raw": 3.1432780199221143e-07, "percentile": 0.8621836639896766 }, "sha256": "27cea6b01f01f88c12533c3ebd8d7f05f775e2149d7e05c7595597200dc9dbe9", "simhash": "1:e3e3173aa7ca367a", "word_count": 3579 }, "last_updated": "2023-07-14T22:58:37.287571+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Parker and Hedrick concur." ], "parties": [ "STATE OF NORTH CAROLINA v. WALTER DOUGLAS LONG" ], "opinions": [ { "text": "MITCHELL, Judge.\nThe State assigns as error the order of the trial court excluding the evidence seized from the defendant as being the fruit of a \u201cfrisk\u201d in violation of G.S. 15A-255. The defendant, however, contends that the Air Force investigator exceeded the authority to search embodied in that statute, as the \u201cfrisk\u201d went beyond \u201can external patting of the clothing of those present\u201d when the investigator reached inside the defendant\u2019s boot. The defendant additionally contends that the search of the defendant was not authorized by G.S. 15A-256 as the \u201cAuthority to Search and Seize\u201d issued by Colonel Brimm was issued upon an oral application in violation of G.S. 15A-244 and was not issued by an official authorized under G.S. 15A-243. The defendant additionally contends that the investigators violated G.S. 15A-256 by searching him prior to an unsuccessful search of the premises.\nAssuming arguendo that the defendant is correct as to each of his contentions regarding violations of G.S. Chapter 15A, we do not find such violations would constitute grounds for exclusion of the evidence seized. Our statutes only require that evidence obtained in violation of G.S. Chapter 15A be suppressed if it is obtained as a result of a \u201csubstantial\u201d violation of the provisions of the Chapter. G.S. 15A-974(2). One of the critical circumstances to be considered in determining whether the violation is \u201csubstantial\u201d is the extent to which exclusion will deter similar violations in the future. Here, we find that exclusion of the evidence seized by the investigators of the United States Air Force on Seymour Johnson Air Force Base would not in any way deter similar searches and seizures in the future. Air Force and other military authorities would and should continue to exercise the powers granted them by the Congress and President of the United States to search for and seize evidence of criminal violations on military bases. Our holding here would have no tendency to deter such conduct in the future, and any violation of G.S. Chapter 15A occasioned by such searches on military bases pursuant to proper military authority will not be deemed \u201csubstantial\u201d within the meaning of G.S. 15A-974.\nAdditionally, we think that \u201cOur Federalism\u201d requires a sensitivity to the legitimate interests of the governments of both the State and the United States and dictates that neither carry out its functions so as to unduly interefere with the legitimate activities of the other. See Younger v. Harris, 401 U.S. 37, 27 L.Ed. 2d 669, 91 S.Ct. 746 (1971). But see McMillan, James B., Abstention \u2014 The Judiciary\u2019s Self-Inflicted Wound, 56 N.C.L. Rev. 527 (1978). Our construction of G.S. 15A-974 in such manner as to hold the actions of members of the United States Air Force not to constitute \u201csubstantial\u201d violations of our statutes, if they \u2022 constitute violations of any type, has the added benefit of avoiding such undue conflicts among the components of \u201cOur Federalism.\u201d\nThe defendant also contends that the \u201cAuthority to Search and Seize\u201d issued by the commanding officer of Seymour Johnson Air Force Base was unconsitutionally issued in violation of his rights under the Fourth Amendment to the Constitution of the United States as it was not issued upon probable cause as found by a neutral and detached magistrate. In support of this contention the defendant refers us to the cases of Shadwick v. City of Tampa, 407 U.S. 345, 32 L.Ed. 2d 783, 92 S.Ct. 2119 (1972), and Johnson v. United States, 333 U.S. 10, 92 L.Ed. 436, 68 S.Ct. 367 (1948). We do not agree. Commanding officers of military bases qualify as neutral and detached magistrates for the purpose of determining probable cause. United States v. Banks, 539 F. 2d 14 (9th Cir.), cert. denied, 429 U.S. 1024, 50 L.Ed. 2d 626, 97 S.Ct. 644 (1976). Searches and seizures made purusant to authority issued by the commanding officer of a military installation upon probable cause, even though not supported by oath or affirmation, are valid and constitutional, when the search is made of property in the possession or under the control of a person under the command of the issuing officer. Wallis v. O\u2019Kier, 491 F. 2d 1323 (10th Cir.), cert. denied, 419 U.S. 901, 42 L.Ed. 2d 147, 95 S.Ct. 185 (1974); United States v. Grisby, 335 F. 2d 652 (4th Cir. 1964). Here, the search of Sergeant Britt\u2019s home on Seymour Johnson Air Force Base pursuant to the authority of the commanding officer was a constitutionally valid search. We find that, in the constitutional sense, the search by military authorities, pursuant to their commanding officer\u2019s \u201cAuthority to Search and Seize,\u201d resulting in the search of the Britt home and of the defendant must be treated as though conducted pursuant to a valid and lawful search warrant.\nFinally, we are called upon to determine whether the search of the defendant during the course of the lawful search of the Britt home otherwise violated the Fourth Amendment to the Constitution of the United States. We find it did not. Only those searches and seizures which are unreasonable are constitutionally prohibited. The limits of reasonableness placed upon searches are equally applicable to seizures, and whether a search and the resulting seizure are reasonable must be determined from the facts of the individual case. 11 Strong, N.C. Index 3d, Searches and Seizures, \u00a7 1, p. 485. Here, we find the search of the defendant in the Britt home on 19 May 1977 and the resulting seizure of contraband were reasonable and lawful.\nSeveral courts have indicated that when, as here, a search is conducted pursuant to lawful authority based upon probable cause indicating the presence on the premises to be searched of a type of contraband easily hidden on the person, complete searches for contraband materials may be conducted upon all individuals present. Samuel v. State, 222 So. 2d 3 (Fla. 1969); Willis v. State, 122 Ga. App. 455, 177 S.E. 2d 487 (1970); People v. Pugh, 69 Ill. App. 2d 312, 217 N.E. 2d 557 (1966); State v. Loudermilk, 208 Kan. 893, 494 P. 2d 1174 (1972); State v. De Simone, 60 N.J. 319, 288 A. 2d 849 (1972); Johnson v. State, 440 S.W. 2d 308 (Tex. Crim. App. 1969). See United States v. Johnson, 475 F. 2d 977 (D.C. Cir. 1973); Walker v. United States, 327 F. 2d 597 (D.C. Cir. 1963); State v. Saiz, 106 Ariz. 352, 476 P. 2d 515 (1970). But see State v. Carufel, 263 A. 2d 686 (R.I. 1970), and cases referred to therein. We have previously held that complete searches of such individuals for contraband are reasonable and consitutional if conducted, pursuant to G.S. 15A-256, after a search of the premises and persons designated in the warrant fails to produce the items sought and specified in the warrant. State v. Watlington, 30 N.C. App. 101, 226 S.E. 2d 186, appeal dismissed, 290 N.C. 666, 228 S.E. 2d 457 (1976).\nThe facts presented by the present case, however, do not require that we determine whether complete searches of all individuals present in the Britt home for contraband materials would have been constitutional. Here, the investigators limited their search of the defendant to a \u201cfrisk\u201d for weapons and did not conduct a complete search of the defendant\u2019s person. We do not feel that the act of reaching into the defendant\u2019s boot, which was perhaps the most obvious place a weapon would have been concealed, in any way transformed the \u201cfrisk\u201d for weapons into a complete search for contraband. Rather, we find that a limited \u201cfrisk\u201d or search for weapons is reasonable and may be constitutionally made of all individuals present in a private residence, when the residence is searched pursuant to a valid search warrant based upon probable cause to believe that the residence is a place in which heroin and other controlled substances are bought and sold and that such contraband is then present.\nIn Terry v. Ohio, 392 U.S. 1, 20 L.Ed. 2d 889, 88 S.Ct. 1868 (1968), the Supreme Court of the United States held that, in order to authorize a search for weapons without a warrant, the officer conducting the search must be able to point to specific and ar-ticulable facts which, taken together with rational inferences therefrom, reasonably warrant the intrusion. In such instances, it is necessary to balance the need to search or seize against the invasion which the search or seizure entails. As the investigators in the present case searched the residence pursuant to authority issued upon a showing of probable cause to believe the residence contained contraband and was regularly used in the sale of such contraband, the intrusion occasioned by the \u201cfrisk\u201d of the defendant to determine whether he was armed and dangerous was reasonable and constitutional. Although such \u201cfrisks\u201d do not technically constitute a so-called \u201cstop and frisk\u201d procedure, we find this to be one of those \u201ccarefully defined classes of cases\u201d referred to in Terry, which make up an exception to the warrant requirement and that such searches are reasonable. Certainly, if an officer may, without the benefit of either a search warrant or arrest warrant stop individuals he has observed engaging in unusual conduct on a public street after concluding that they contemplate a crime and are armed, as in Terry, searches such as those presented by the present case are reasonable and, therefore, constitutional.\nThe defendant contends, however, that Sibron v. New York, 392 U.S. 40, 20 L.Ed. 2d 917, 88 S.Ct. 1889 (1968), is a limitation upon the holding of Terry and requires our holding the search in the present case unconstitutional. We do not agree. In Sibron the police officer searched the defendant in a public place for contraband. His search of the defendant was based solely upon having observed the defendant in the presence of various known narcotics addicts throughout the day. The arresting officer in that case did not suggest that he was in fear of bodily harm or that he searched Sibron in self-protection to find weapons. The holding and opinion in Sibron are, therefore, of no assistance in deciding the issues presented here.\nAdditionally, we do not find the opinion of the Supreme Court of the United States in United States v. Di Re, 332 U.S. 581, 92 L.Ed. 210, 68 S.Ct. 222 (1948), to be helpful in our analysis of the present case. There, on information that an informer was to buy counterfeit gasoline ration coupons from a certain individual at a named place, officers arrived and found a parked automobile occupied by its owner, from whom the informer had just purchased coupons, and a third person. Without the benefit of either a search warrant or an arrest warrant, the officers arrested the third person and took him to a police station, where a search of his clothing revealed an envelope containing coupons counterfeited in violation of federal law. The Court held that the mere presence of the third person in the parked automobile with its owner and the informer was not such as to indicate that he had committed the felony of knowingly possessing counterfeit coupons. Therefore the arrest without an arrest warrant was unlawful. The search of the third person having been justified as a search incident to a lawful arrest without a warrant, the Court held that it must stand or fall upon the validity of the arrest and was also unlawful. We do not think the holding in Di Re, however, requires our holding the search in the present case unconstitutional. Although the Court in that case did, in obiter dictum, cast doubts upon the validity of a search for contraband conducted upon all persons found in a residence searched pursuant to a warrant, it in no way implied that a limited \u201cfrisk\u201d for weapons, such as reaching into the top of an individual\u2019s boot, would be unreasonable and unconstitutional. Thus, we do not believe that the holding in Di Re is in any way controlling in the present case. See Pennsylvania v. Mims, 434 U.S. 106, 54 L.Ed. 2d 331, 98 S.Ct. 330 (1977).\nHere the \u201cfrisk\u201d of the defendant for weapons was strictly limited to the purpose of determining whether the defendant was armed. The Air Force investigators indicated that such \u201cfrisks\u201d for weapons were their standard procedure in such situations. The testimony of these agents of the United States, which indicated they limited their search to a weapons \u201cfrisk,\u201d was further supported by the fact the limited \u201cfrisk\u201d did not result in seizure from the defendant of any form of identification, or other item not subject to being mistaken for a weapon when felt during the \u201cfrisk.\u201d Rather, the defendant himself produced his identification to the investigators upon request after they had completed their search for weapons, which resulted in the discovery of a spoon and contraband easily mistaken for a weapon until pulled from the defendant\u2019s boot. We cannot say that a standard procedure, such as that employed here by the Air Force, calling for a limited search or \u201cfrisk\u201d for weapons is unreasonable. Instead, we believe it to be authorized by the holding in Terry. In this regard, we cannot improve upon the statement of the Supreme Court of the United States that:\n[W]e cannot blind ourselves to the need for law enforcement officers to protect themselves and other prospective victims of violence in situations where they may lack probable cause for an arrest. When an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is armed and presently dangerous to the officer or to others, it would appear to be clearly unreasonable to deny the officer the power to take necessary measures to determine whether the person is in fact carrying a weapon and to neutralize the threat of physical harm.\nTerry v. Ohio, 392 U.S. 1, 24, 20 L.Ed. 2d 889, 907-908, 88 S.Ct. 1868, 1881 (1968).\nTo hold the limited search for weapons conducted by the investigators in this case unreasonable or not justified by exigent circumstances would deny them just such powers to take necessary measures to determine whether those they are investigating at close range are carrying weapons and to neutralize threats of physical harm. We do not believe this result is required and must reverse the order of the trial court granting the defendant\u2019s motion to suppress and remand the case for further proceedings according to law.\nReversed and remanded.\nJudges Parker and Hedrick concur.", "type": "majority", "author": "MITCHELL, Judge." } ], "attorneys": [ "Attorney General Edmisten, by Assistant Attorney General Donald W. Grimes, for the State.", "Barnes, Braswell & Haithcock, P.A., by Michael A. Ellis and R. Gene Braswell, for defendant appellee." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. WALTER DOUGLAS LONG\nNo. 788SC206\n(Filed 29 August 1978)\n1. Searches and Seizures \u00a7 43\u2014 violations of Criminal Procedure Act not substantial \u2014seized evidence not suppressed\nEven if a search of defendant violated various provisions of G.S. Chapter 15A, such violations did not constitute grounds for exclusion of the evidence seized since the violations were not substantial, as exclusion of evidence seized by the investigators of the U. S. Air Force on Seymour Johnson Air Force Base would not in any way deter similar searches and seizures in the future.\n2. Searches and Seizures \u00a7 20; Army and Navy \u00a7 1\u2014 search warrant issued by commanding officer of military base \u2014 oath or affirmation not required\nCommanding officers of military bases qualify as neutral and detached magistrates for the purpose of determining probable cause to issue search warrants, and searches and seizures made pursuant to authority issued by the commanding officer of a military installation upon probable cause, even though not supported by oath or affirmation, are valid and constitutional when the search is made of property in the possession or under the control of a person under the command of the issuing officer.\n3. Searches and Seizures \u00a7 32\u2014 search warrant for contraband in residence \u2014 weapons frisk of those present proper\nA limited \u201cfrisk\u201d or search for weapons is reasonable and may be constitutionally made of all individuals present in a private residence when the residence is searched pursuant to a valid search warrant based upon probable cause to believe that the residence is a place in which heroin and other controlled substances are bought and sold and that such contraband is then present; an officer\u2019s reaching into defendant\u2019s boot, which was perhaps the most obvious place a weapon would have been concealed, in no way transformed the \u201cfrisk\u201d of defendant for weapons into a complete search for contraband.\nAPPEAL by the State from Fountain, Judge. Order entered 6 December 1977 in Superior Court, WAYNE County. Heard in the Court of Appeals 22 June 1978.\nThe defendant was indicted for the felony of possession of the controlled substance heroin with the intent to sell. The defendant filed a written motion to suppress certain physical evidence obtained as the result of a search and seizure. After a hearing on the motion, the trial court ordered the evidence in question suppressed. From this order, the State appealed.\nThe State\u2019s evidence at the hearing on the motion to suppress tended to show that Kenneth Walker, a member of and criminal investigator for the United States Air Force Office of Special Investigations at Seymour Johnson Air Force Base in Wayne County, North Carolina, received information from a confidential informant on the morning of 19 May 1977. The informant stated that he had seen large amounts of marijuana at the home of Air Force Sergeant Samuel Britt. Britt\u2019s home was in government housing on the base. The informant also related that he had seen Britt and his wife use and sell both heroin and marijuana in the home. The informant also gave specific details as to the amounts of heroin and marijuana he had seen in the home as well as detailed descriptions of their wrappings and location within the home.\nAt approximately 5:00 p.m. on 19 May 1977, Investigator Walker sent the informant to the home in an attempt to have him purchase narcotics. As a result of this visit, the informer told Walker he had observed a packet of cocaine on the living room table in the home. The informant attempted to purchase the cocaine, but Britt told him it was for his own personal use. Britt then told the informant to come back later that night, and he would sell the informant drugs.\nAfter the informant related this information to Walker and other Air Force investigators, the Britt home was placed under surveillance. Numerous openings and closings of the doors to the home were observed, and three unknown males were seen going into the home.\nBetween 10:00 p.m. and 10:20 p.m. on 19 May 1977, Air Force investigators related all information in their possession to Colonel James S. Brimm, the commanding officer of Seymour Johnson Air Force Base. The information related to Colonel Brimm by the investigators included all the information previously set forth herein. The investigators related the information to Colonel Brimm verbally and without being placed under oath. Acting pursuant to his authority as commanding officer of Seymour Johnson Air Force Base, Colonel Brimm then signed an \u201cAuthority to Search and Seize\u201d directing the officers to search the home, Britt and his wife, and all other military personnel present.\nAt approximately 10:20 p.m. Investigator Walker sent the informant back to the home, which was then under surveillance by Walker and others. Walker observed the informant go to the home and leave in about one minute without going inside. Other Air Force investigators, together with county officers, then arrived and a search of the home was conducted. Investigator Walker went to the front door and attempted to enter, but found the door had been nailed shut. He then went to the rear of the home and entered. Upon entering the investigators found Sergeant Britt in the bathroom and the defendant, Walter Douglas Long, came out of a back bedroom. They were both directed to go into the living room of the home. One of the individuals present appeared to be under the influence of drugs. The investigators observed that Mrs. Britt \u201cappeared hysterical and was jumping around.\u201d\nThe investigators testified that they then conducted a \u201cpat down\u201d of the defendant and others to determine whether they were armed. They further testified that such a pat down was normal procedure conducted for their own safety. Investigator Walker testified that, the informant had told him that Sergeant Britt had previously inquired about obtaining a weapon.\nInvestigator Walker conducted the \u201cpat down\u201d of the defendant by running his hands down the defendant\u2019s body and in his boots. He testified that he ran his hands around the inside of the defendant\u2019s left boot \u201call the way to his foot.\u201d Upon placing his hand in the defendant\u2019s left boot, he felt a sharp pointed object which he thought was a knife. He then pulled the object out and determined it was a spoon wrapped in plastic with eight small packets of a powder type substance, three white Q-tips and one needle. He did not remove anything else from the defendant at this time. He then asked the defendant for his identification, and the defendant produced a driver\u2019s license and stated that he was a civilian. Investigator Walker then turned the defendant over to the county law enforcement officers present. The home was then searched pursuant to the \u201cAuthority to Search and Seize\u201d issued by Colonel Brimm. Various controlled substances were found in the bedroom and other areas.\nAttorney General Edmisten, by Assistant Attorney General Donald W. Grimes, for the State.\nBarnes, Braswell & Haithcock, P.A., by Michael A. Ellis and R. Gene Braswell, for defendant appellee." }, "file_name": "0662-01", "first_page_order": 690, "last_page_order": 699 }