2010 North Carolina Code
Chapter 15A Criminal Procedure Act.
Article 53 - Motion to Suppress Evidence.
15A-974. Exclusion or suppression of unlawfully obtained evidence.


NC Gen Stat § 15A-974 What's This?

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.)

Disclaimer: These codes may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.