§ 15A-977. Motion to suppress evidence in superior court; procedure.
§15A‑977. Motion to suppress evidence in superior court; procedure.
(a) A motion tosuppress evidence in superior court made before trial must be in writing and acopy of the motion must be served upon the State. The motion must state thegrounds upon which it is made. The motion must be accompanied by an affidavitcontaining facts supporting the motion. The affidavit may be based uponpersonal knowledge, or upon information and belief, if the source of theinformation and the basis for the belief are stated. The State may file ananswer denying or admitting any of the allegations. A copy of the answer mustbe served on the defendant's counsel, or on the defendant if he has no counsel.
(b) The judge mustsummarily grant the motion to suppress evidence if:
(1) The motion complieswith the requirements of subsection (a), it states grounds which requireexclusion of the evidence, and the State concedes the truth of allegations offact which support the motion; or
(2) The State stipulatesthat the evidence sought to be suppressed will not be offered in evidence inany criminal action or proceeding against the defendant.
(c) The judge maysummarily deny the motion to suppress evidence if:
(1) The motion does notallege a legal basis for the motion; or
(2) The affidavit doesnot as a matter of law support the ground alleged.
(d) If the motion isnot determined summarily the judge must make the determination after a hearingand finding of facts. Testimony at the hearing must be under oath.
(e) A motion tosuppress made during trial may be made in writing or orally and may bedetermined in the same manner as when made before trial. The hearing, if held,must be out of the presence of the jury.
(f) The judge must setforth in the record his findings of facts and conclusions of law. (1973,c. 1286, s. 1.)