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NC Supreme Court Broadens Coverage of “Maintaining a Dwelling”

G.S. 90-108(a)(7) makes it a crime to maintain a store, dwelling, vehicle, boat, or other place for the use, storage, or sale of controlled substances. My NC Crimes book states the elements of the offense:

A person guilty of this offense

(1) knowingly

(2) keeps or maintains

(3) a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place

(4) (a) being resorted to by persons unlawfully using controlled substances

     (b) being used for unlawfully keeping or selling controlled substances.

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Maintaining a Dwelling — Part II

The crime of maintaining a dwelling has four elements. To be guilty, a person must: (1)  knowingly (2)  keep or maintain (3)  a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place (4)   (a) being resorted to by persons unlawfully using controlled substances or (b) being used for unlawfully keeping or selling … Read more

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Maintaining a Dwelling

The crime of Maintaining a Store, Dwelling, Vehicle, Boat, or Other Place for Use, Storage, or Sale of Controlled Substances is a common one. In fact, AOC statistics show that this offense was charged over 14,000 times statewide in 2010. At trial, this crime presents a couple of complicated issues. One is: how does the … Read more