State v. Dent

In State v. Dent, 174 N.C. App. 459, 621 S.E.2d 274 (2005), defendant was found to be in possession of marijuana in a search room near the lobby of the magistrate's office at the Forsyth County Law Enforcement and Detention Center. Id., 174 N.C. App. at 461, 621 S.E.2d at 276. The issue in Dent was whether defendant was on the premises of a "local confinement facility." This Court determined "the legislative intent in making possession of a controlled substance on the premises of a local confinement facility felonious is clear: to deter and prevent drug possession among those individuals present at local confinement facilities." Id., 174 N.C. App. at 467, 621 S.E.2d at 280. In concluding a search room near the lobby of a magistrate's office is a "local confinement facility," this Court looked at numerous factors. Id. One of the factors was "law enforcement officers must first proceed through a locked vehicle gate and then check their weapons and identify themselves via an intercom system." Id. Other factors were only law enforcement officers were allowed to enter the area and the room in which defendant was searched was a "secured room where law enforcement officers detain and search those individuals who are to be taken before the magistrate." Id. While the Dent Court analyzed these factors to determine whether the search room was a "local confinement facility," the Court never said the State must prove that the offense occurred in an area accessible only to officers and their detainees in order for the area to be determined a "local confinement facility" pursuant to N.C. Gen. Stat. 90-95(e)(9). Furthermore, the Dent Court stated: By including the term `on the premises of in its description of the restricted area, the legislature plainly intended that N.C. Gen. Stat. 90-95(e)(9) should extend beyond the bounds of the 'lockup' area of a local confinement facility, including to those secured areas in which arrestees are temporarily detained for search, booking, and other purposes. Id., 174 N.C. App. at 467-68, 621 S.E.2d at 280.