Determination of Whether a Vehicle Is Used for Selling Drugs
In State v. Spencer, 192 N.C. App. 143, 148, 664 S.E.2d 601, 605 (2008), the Court determined that "a purported confession by defendant to police, that defendant resided at the home at 178 Loggerhead Road. . . . was substantial evidence that defendant maintained the dwelling." Spencer at 148, 664 S.E.2d at 605
Furthermore, as to "use," "the determination of whether a vehicle, or a building, is used for keeping or selling controlled substances will depend on the totality of the circumstances." State v. Mitchell, 336 N.C. 22, 34, 442 S.E.2d 24, 30 (1994).
In State v. Rich, this Court concluded that the evidence showing that defendant resided in the house, that she was cooking dinner, and that she possessed cocaine and materials related to the use and sale of cocaine, is sufficient to allow conviction under G.S. 90-108(a)(7) for maintaining a dwelling used for the keeping or selling of controlled substances. 87 N.C. App. 380, 384, 361 S.E.2d 321, 324 (1987).