State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-979

§15A‑979.  Motion to suppress evidence in superior and district court;orders of suppression; effects of orders and of failure to make motion.

(a)        Upon granting amotion to suppress evidence the judge must order that the evidence in questionbe excluded in the criminal action pending against the defendant. When theorder is based upon the ground of an unlawful search and seizure and excludestangible property unlawfully taken from the defendant's possession, and whenthe property is not contraband or otherwise subject to lawful retention by theState or another, the judge must order that the property be restored to thedefendant at the conclusion of the trial including all appeals.

(b)        An order finallydenying a motion to suppress evidence may be reviewed upon an appeal from ajudgment of conviction, including a judgment entered upon a plea of guilty.

(c)        An order by thesuperior court granting a motion to suppress prior to trial is appealable tothe appellate division of the General  Court of Justice prior to trial uponcertificate by the prosecutor to  the judge who granted the motion that theappeal is not taken for the  purpose of delay and that the evidence isessential to the case. The appeal is to the appellate court that would havejurisdiction if the defendant were found guilty of the charge and received themaximum punishment. If there are multiple charges affected by a motion tosuppress, the ruling is appealable to the court with jurisdiction over theoffense carrying the highest punishment.

(d)        A motion tosuppress evidence made pursuant to this Article is the exclusive method ofchallenging the admissibility of evidence upon the grounds specified in G.S.15A‑974. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1979, c.723.)