State v. Oaks

TIMMONS-GOODSON, Judge.

Gene Patrick Oaks (“defendant”) appeals from a trial court order providing that the Rockingham County Sheriff destroy weapons and ammunition seized during defendant’s arrest on drug and weapons charges. For the reasons stated herein, we affirm in part, vacate in part, and remand the trial court’s order.

The factual and procedural history of this case is as follows: On 19 September 2001, Deputy F. K. Woods (“Deputy Woods”) of the Rockingham County Sheriff’s Department executed a search warrant at defendant’s residence. The search warrant was issued based on information…