APPEAL OF SEARCH, CONVICTION RESULTS IN NEW DRUG TRIAL

RALEIGH -- A woman is entitled to a new trial because Clinton police didn't
have a warrant when they looked for drugs in a soda can in her home, the
state Court of Appeals ruled Tuesday.

Sheila Ann Joyner was sentenced to six to eight months in prison last year
after being convicted of the possession charge and of running a drug house.

Evidence included 3.4 grams of cocaine that an officer pulled from the can,
court documents say. Superior Court Judge James D. Llewellyn denied a
defense motion to suppress the evidence.

Joyner's arrest came after police responded to a domestic violence call at
her home in October 1996. She and her former boyfriend were arguing as
police arrived. The boyfriend, identified only as 'Wilson,' told officers
that Joyner had been selling drugs in front of her children. The man
pointed out the soda can and said drugs were inside.

Drug evidence

A bag of a green leafy substance was on top of the can, court documents
say. Sgt. Timothy King identified the substance as marijuana. He
subsequently reached into the can, removed a peppery substance and then a
rock-like substance that turned out to be cocaine, according to documents.

The court ruled that the action did not fall under conditions for allowing
a warrantless search because the cocaine was not in sight of officers nor
was the search necessary to protect evidence from being destroyed.

The state argued that the search was valid because the marijuana and a pile
of cash were in plain view of the officers. The state said officers already
had enough evidence to arrest her for possession based on the marijuana and
the search was incidental to the arrest.

Checked-by: (Joel W. Johnson)