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.)

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