State Criminal Motion to Suppress - North Carolina

STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

[DISTRICT/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)

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. Verification
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" – Collectively, (i) [DESCRIPTION OF PHYSICAL ITEMS], (ii) any derivative evidence ("fruit") obtained therefrom, and (iii) any statements or observations arising from or related to the seizure of such items.
"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 enter an order suppressing the Subject Evidence and any fruits thereof.

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. 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.

6.3 Evidentiary Violations

a. Irrelevance / Unfair Prejudice – Even if admissible under constitutional analysis, the Subject Evidence is inadmissible under N.C. Gen. Stat. § 8C-1, Rules 401-403.
b. Hearsay Concerns – Any statements derived from the unlawful search constitute inadmissible hearsay absent a valid exception under N.C. Gen. Stat. § 8C-1, Article 8.

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 the Subject Evidence and all derivative evidence;
C. Exclude the Subject Evidence from use for impeachment or rebuttal;
D. Grant such other relief as the Court deems just and proper.

Respectfully submitted this ___ day of __________, 20__.

9. VERIFICATION

I, [DEFENSE COUNSEL NAME], attorney for Defendant, certify that the foregoing Motion is filed in good faith and on information and belief is well-grounded in fact and warranted by existing law.

[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 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]