North Carolina General Statutes § 15A-974 Exclusion or suppression of unlawfully obtained evidence

(a)        Upon timely motion, evidence must be suppressed if:

(1)        Its exclusion is required by the Constitution of the United States or the Constitution of the State of North Carolina; or

(2)        It is obtained as a result of a substantial violation of the provisions of this Chapter. In determining whether a violation is substantial, the court must consider all the circumstances, including:

a.         The importance of the particular interest violated;

b.         The extent of the deviation from lawful conduct;

c.         The extent to which the violation was willful;

d.         The extent to which exclusion will tend to deter future violations of this Chapter.

Evidence shall not be suppressed under this subdivision if the person committing the violation of the provision or provisions under this Chapter acted under the objectively reasonable, good faith belief that the actions were lawful.

(b)        The court, in making a determination whether or not evidence shall be suppressed under this section, shall make findings of fact and conclusions of law which shall be included in the record, pursuant to G.S. 15A-977(f).  (1973, c. 1286, s. 1; 2011-6, s. 1.)

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Last modified: March 23, 2014