State v. Winston

In State v. Winston 45 N.C. App. 99, 102, 262 S.E.2d 331, 333 (1980), the "defendant was convicted of wrongfully entering an office in the Cumberland County Courthouse . . ., a violation of N.C.G.S. 14-54(b)." Id. at 100, 262 S.E.2d at 332. The office was "occupied by Irene Russell, assistant clerk, who handled adoptions, foreclosures and 'anything anybody needed her to do.'" Id. A corridor connected the office "to a large hallway in front of the civil division offices of the clerk. There were no signs indicating that either the corridor or the office was private or that the general public should 'keep out.'" Id. While Russell was in the neighboring break room, the defendant entered her office, although the door was partially closed. Id. When asked what he wanted, the defendant replied that "he was looking for the public defender's office and was going to leave a note for him. The public defender's office was in the courthouse." Id. The defendant did not have explicit permission to enter Russell's office and took nothing from it. Id. In the analysis, the Court stated that "the evidence indicates that members of the general public do use the office." Id. at 101, 262 S.E.2d at 333. The office was used to handle adoptions, foreclosures and other business of the clerk of court, a public official. These functions necessarily require the general public to have access to the office . . . . It was open for public business when entered by defendant between 1:00 and 2:00 p.m. The general public, including the defendant, had implied consent and invitation to enter the office at that time. Id. The Court reversed the trial court's judgment because the defendant had implied consent to enter Russell's office and therefore could not be guilty of wrongful entry. The Court noted that there was no evidence that "the defendant after entry committed acts sufficient to render the implied consent void ab initio." Id. at 102, 262 S.E.2d at 333.