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