State Criminal Motion to Suppress - North Carolina

STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF [COUNTY]

File No.: [__ CR __________]

MOTION TO SUPPRESS EVIDENCE

(N.C. Gen. Stat. §§ 15A-974 to -977; U.S. Const. amend. IV; N.C. Const. art. I, § 20)

Before you use this: This draft follows the superior court procedure. District court misdemeanors follow § 15A-973; implied-consent cases follow § 20-38.6 and require a different timing check.

TABLE OF CONTENTS

1. Document Header
2. Definitions (optional)
3. Preliminary Statement
4. Procedural Posture & Timeliness
5. Statement of Facts

6. Grounds for Suppression
   6.1 Constitutional Violations
   6.2 Statutory Violations
   6.3 Evidentiary Violations
   6.4 Good-Faith Exception — Why It Does Not Bar Suppression Here

7. Request for Evidentiary Hearing

8. Prayer for Relief
9. Supporting Affidavit
10. Certificate of Service

1. DOCUMENT HEADER

Effective Date of Motion: [DATE FILED]
Presiding Judge: [HON. __________]
Hearing Requested: [YES/NO] (pursuant to N.C. Gen. Stat. § 15A-977(d))

2. DEFINITIONS (optional—delete if unnecessary)

"Subject Evidence" – The following directly challenged physical items, statements, or observations: [IDENTIFY EACH ITEM]. "Claimed Derivative Evidence" – [IDENTIFY EACH ADDITIONAL ITEM AND EXPLAIN HOW THE ASSERTED VIOLATION LED TO IT].
"Suppression Hearing" – The evidentiary hearing contemplated by N.C. Gen. Stat. § 15A-977(d) and referenced in Section 7 below.

3. PRELIMINARY STATEMENT

Pursuant to N.C. Gen. Stat. §§ 15A-972 and 15A-974 to -977, and the Fourth and Fourteenth Amendments to the United States Constitution and Article I, § 20 of the North Carolina Constitution, Defendant respectfully moves this Court to suppress the identified Subject Evidence and any identified derivative item for which the facts and applicable law require exclusion.

4. PROCEDURAL POSTURE & TIMELINESS

1. Defendant was indicted on [DATE] for [CHARGES].
2. Arraignment occurred on [DATE].
3. This Motion is in writing, is accompanied by a supporting affidavit, and a copy has been served on the State, as required by N.C. Gen. Stat. § 15A-977(a).
4. This Motion is filed prior to trial in accordance with N.C. Gen. Stat. § 15A-975(a) and § 15A-976(a).
5. ☐ (If applicable) The State gave notice of its intent to use evidence of a type listed in N.C. Gen. Stat. § 15A-975(b) (a defendant's statement, evidence from a warrantless search, or evidence from a warrant search where Defendant was not present at execution); this Motion is filed within 10 working days of that notice, as required by N.C. Gen. Stat. § 15A-976(b).

5. STATEMENT OF FACTS (Concise, numbered paragraphs)

1. On [DATE & TIME], Officer [NAME] initiated a [TRAFFIC STOP/SEARCH] of Defendant's [VEHICLE/RESIDENCE] at [LOCATION].
2. Officer [NAME] lacked a judicially issued warrant authorizing the search.
3. [DETAIL FACTS LEADING TO SEIZURE].
4. The Subject Evidence was seized and logged under Evidence Tag No. [__________].
5. Defendant was subsequently arrested and transported to [FACILITY]; post-arrest statements were obtained.
6. The claimed derivative item(s) and the causal facts linking each to the challenged conduct are [IDENTIFY ITEMS AND FACTS].

6. GROUNDS FOR SUPPRESSION

6.1 Constitutional Violations

a. Unlawful Search & Seizure – The warrantless intrusion violated the Fourth Amendment to the United States Constitution and Article I, § 20 of the North Carolina Constitution, which prohibits "general warrants, whereby any officer or other person may be commanded to search suspected places without evidence of the act committed, or to seize any person or persons not named, whose offense is not particularly described and supported by evidence."
b. Lack of Probable Cause / Exigent Circumstances – Once Defendant makes a prima facie showing of illegality, the State bears the burden of establishing that the search or seizure was lawful or fell within a recognized exception to the warrant requirement; no such exception exists on these facts.

6.2 Statutory Violations

a. NC Suppression Statute – Under N.C. Gen. Stat. § 15A-974(a)(1), evidence must be suppressed if "its exclusion is required by the Constitution of the United States or the Constitution of the State of North Carolina."
b. Substantial Violation of Chapter 15A – Independently, under N.C. Gen. Stat. § 15A-974(a)(2), evidence obtained as a result of a substantial violation of Chapter 15A (including the search-warrant procedures at N.C. Gen. Stat. §§ 15A-241 et seq.) must be suppressed unless the violation was not substantial when weighed under the statute's four factors (importance of the interest violated, extent of deviation from lawful conduct, willfulness, and deterrent value of exclusion) or the officer acted under an objectively reasonable, good-faith belief that the conduct was lawful.

c. Derivative Items – For each claimed derivative item, Defendant must identify the causal link and address any asserted independent source, inevitable discovery, attenuation, or other applicable limit on exclusion. Discovery later in time does not by itself establish a suppressible fruit. See Wong Sun v. United States, 371 U.S. 471, 487–88 (1963); Nix v. Williams, 467 U.S. 431, 443–44 (1984) (federal Fourth Amendment standards; analyze any distinct North Carolina ground separately).

6.3 Separate Evidentiary Objections

a. Relevance / Unfair Prejudice – This motion seeks suppression under N.C. Gen. Stat. § 15A-974. Defendant reserves any separate objection under N.C. Gen. Stat. § 8C-1, Rules 401 or 403, for an identified item and an appropriate motion or trial objection. Rule 403 calls for a comparison of probative value with the listed dangers; it does not make every challenged item inadmissible.
b. Statements – Suppression of a defendant's statements must rest on the constitutional or statutory grounds pleaded above, or a separate applicable evidentiary rule. A defendant's own statement offered against the defendant may be admitted under N.C. Gen. Stat. § 8C-1, Rule 801(d). If another person's statement is offered for its truth, identify that statement and the applicable hearsay rule before raising a hearsay objection.

6.4 Good-Faith Exception — Why It Does Not Bar Suppression Here

1. Statutory good-faith track (N.C. Gen. Stat. § 15A-974(a)(2)) applies ONLY to evidence obtained through a "substantial violation" of Chapter 15A's own procedural provisions -- it does NOT apply to, and cannot cure, a violation of the federal or state constitutions. See State v. Rogers, No. 377PA22 (N.C. Oct. 17, 2025) (holding the § 15A-974(a)(2) good-faith exception is confined to statutory Chapter 15A violations and does not extend to constitutional violations).

2. Constitutional good-faith track – Until October 2025, North Carolina's appellate courts held that Article I, § 20 contained an exclusionary rule with no good-faith exception, unlike the federal rule recognized in United States v. Leon, 468 U.S. 897 (1984). See State v. Carter, 322 N.C. 709 (1988). In State v. Rogers, No. 377PA22 (N.C. Oct. 17, 2025), the North Carolina Supreme Court expressly overruled Carter and adopted a state constitutional good-faith exception equivalent to the federal Leon standard, while assuming without deciding that Article I, § 20 independently supplies an exclusionary rule. Counsel should confirm the current appellate posture of Rogers (including any petition for rehearing or subsequent clarifying decisions) before relying on or distinguishing it, and should argue in the alternative that:
   a. No search warrant, court order, or binding appellate precedent was involved, so there is no judicial authorization on which an officer could have reasonably relied (distinguishing Rogers and Leon); or
   b. Even if a warrant or order existed, no reasonably well-trained officer could have relied on it in good faith because [DESCRIBE FACIAL DEFECT / LACK OF PROBABLE CAUSE / KNOWING OR RECKLESS MISSTATEMENT IN THE SUPPORTING AFFIDAVIT].

3. Suppression will serve a legitimate deterrent purpose under the factors set out in N.C. Gen. Stat. § 15A-974(a)(2) and, to the extent applicable, the constitutional good-faith analysis under Rogers.

7. REQUEST FOR EVIDENTIARY HEARING

Pursuant to N.C. Gen. Stat. § 15A-977(d), Defendant requests an evidentiary hearing, with testimony under oath and findings of fact and conclusions of law entered pursuant to N.C. Gen. Stat. § 15A-977(f), to determine the admissibility of the Subject Evidence. If the Motion is heard during trial, Defendant requests that the hearing be held outside the presence of the jury pursuant to N.C. Gen. Stat. § 15A-977(e).

8. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Court:

A. Conduct a pre-trial evidentiary hearing;
B. Enter an order suppressing each identified direct or derivative item for which the Court finds exclusion required after item-specific causation and remedy findings;
C. Restrict use of the evidence actually suppressed to the extent required by the governing law and the Court's findings; reserve any disputed impeachment or rebuttal use for a separate ruling. See Harris v. New York, 401 U.S. 222, 223–26 (1971); United States v. Havens, 446 U.S. 620, 626–28 (1980) (federal impeachment rules).
D. Grant such other relief as the Court deems just and proper.

Respectfully submitted this ___ day of __________, 20__.

9. SUPPORTING AFFIDAVIT (N.C. Gen. Stat. § 15A-977(a))

STATE OF NORTH CAROLINA, COUNTY OF [COUNTY]

I, [AFFIANT FULL NAME], being first duly sworn, state:

1. I am [DEFENDANT / WITNESS / INVESTIGATOR / OTHER ROLE] in this case. My connection to the events is [EXPLAIN].
2. The following facts support the specific suppression grounds in Sections 5 and 6 of the attached Motion. For each fact learned from another person or record rather than personal knowledge, I identify its source and the basis for my belief.
3. On [DATE] at [LOCATION], [STATE SPECIFIC RELEVANT FACT IN AFFIANT'S OWN WORDS]. My basis is [PERSONAL OBSERVATION / IDENTIFIED SOURCE AND WHY THE INFORMATION IS RELIABLE].
4. On [DATE] at [LOCATION], [STATE ANOTHER SPECIFIC RELEVANT FACT]. My basis is [PERSONAL OBSERVATION / IDENTIFIED SOURCE AND WHY THE INFORMATION IS RELIABLE].
5. These facts support the Motion's ground(s) concerning [IDENTIFY SEARCH, SEIZURE, STATEMENT, OR OTHER GROUND AND RELEVANT MOTION PARAGRAPHS]. [IDENTIFY ANY ATTACHED RECORDS OR EXHIBITS.]

Affiant signature: _________________________________ Date: [__/__/____]

Sworn to and subscribed before me on [__/__/____] by [AFFIANT FULL NAME].

Notary public: _________________________________ Commission expires: [__/__/____]

Counsel submitting the Motion:

[DEFENSE COUNSEL SIGNATURE]
[NC BAR NO.]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

10. CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion to Suppress Evidence and its supporting affidavit was served upon the Office of the District Attorney for [COUNTY] County by [METHOD OF SERVICE, e.g., File & Serve (North Carolina's statewide eCourts electronic-filing system) / hand delivery / mail] on this ___ day of __________, 20__.

_________________________________
[COUNSEL SIGNATURE]