State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-974

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

Upon timely motion, evidencemust be suppressed if:

(1)        Its exclusion isrequired by the Constitution of the United States or the Constitution of theState of North Carolina; or

(2)        It is obtained as aresult of a substantial violation of the  provisions of this Chapter. Indetermining whether a violation is substantial, the court must consider all thecircumstances, including:

a.         The importance ofthe particular interest violated;

b.         The extent of thedeviation from lawful conduct;

c.         The extent to whichthe violation was willful;

d.         The extent to whichexclusion will tend to deter future violations of this Chapter. (1973,c. 1286, s. 1.)