2005 North Carolina Code - General Statutes § 15A-974. Exclusion or suppression of unlawfully obtained evidence.

§ 15A‑974.  Exclusion or suppression of unlawfully obtained evidence.

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. (1973, c. 1286, s. 1.)