§ 15A-975. Motion to suppress evidence in superior court prior to trial and during trial. - North Carolina Statutes

§15A‑975.  Motion to suppress evidence in superior court prior to trialand during trial.

(a)        In superior court,the defendant may move to suppress evidence only prior to trial unless thedefendant did not have reasonable opportunity to make the motion before trialor unless a motion to suppress is allowed during trial under subsection (b) or(c).

(b)        A motion tosuppress may be made for the first time during trial when the State has failedto notify the defendant's counsel or,  if he has none, the defendant, soonerthan 20 working days before trial, of its intention to use the evidence, andthe evidence is:

(1)        Evidence of astatement made by a defendant;

(2)        Evidence obtained byvirtue of a search without a search warrant; or

(3)        Evidence obtained asa result of search with a search warrant when the defendant was not present atthe time of the execution of the search warrant.

(c)        If, after apretrial determination and denial of the motion, the judge is satisfied, upon ashowing by the defendant, that additional pertinent facts have been discoveredby the defendant which he could not have discovered with reasonable diligencebefore the determination of the motion, he may permit the defendant to renewthe  motion before the trial or, if not possible because of the time ofdiscovery of alleged new facts, during trial.

When a misdemeanor is appealedby the defendant for trial de novo in superior court, the State need not givethe notice required by this section. (1973, c. 1286, s. 1.)