§ 20-38.6. Motions and district court procedure. - North Carolina Statutes

§ 20‑38.6.  Motions anddistrict court procedure.

(a)        The defendant maymove to suppress evidence or dismiss charges only prior to trial, except thedefendant may move to dismiss the charges for insufficient evidence at theclose of the State's evidence and at the close of all of the evidence withoutprior notice. If, during the course of the trial, the defendant discovers factsnot previously known, a motion to suppress or dismiss may be made during thetrial.

(b)        Upon a motion tosuppress or dismiss the charges, other than at the close of the State'sevidence or at the close of all the evidence, the State shall be grantedreasonable time to procure witnesses or evidence and to conduct researchrequired to defend against the motion.

(c)        The judge shallsummarily grant the motion to suppress evidence if the State stipulates thatthe evidence sought to be suppressed will not be offered in evidence in anycriminal action or proceeding against the defendant.

(d)        The judge maysummarily deny the motion to suppress evidence if the defendant failed to makethe motion pretrial when all material facts were known to the defendant.

(e)        If the motion isnot determined summarily, the judge shall make the determination after ahearing and finding of facts. Testimony at the hearing shall be under oath.

(f)         The judge shallset forth in writing the findings of fact and conclusions of law andpreliminarily indicate whether the motion should be granted or denied. If thejudge preliminarily indicates the motion should be granted, the judge shall notenter a final judgment on the motion until after the State has appealed tosuperior court or has indicated it does not intend to appeal. (2006‑253, s. 5.)