GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 4
Short Title: Good Faith Exception/Exclusionary Rule. |
(Public) |
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Sponsors: |
Representatives Stam; Blackwood, Cleveland, and Dollar. |
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Referred to: |
Rules, Calendar, and Operations of the House. |
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January 29, 2009
A BILL TO BE ENTITLED
AN ACT to provide for the adoption of the good faith exception to the exclusionary rule into state law.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A-974 reads as rewritten:
"§ 15A-974. Exclusion or suppression of unlawfully obtained evidence.
Upon timely motion, evidence must be suppressed if:only
if its exclusion is required by the Constitution of the United States or the
Constitution of the State of North Carolina.
(1) Its
exclusion is required by the Constitution of the United States or the
Constitution of the State of North Carolina; or
(2) It is
obtained as a result of a substantial violation of the provisions of this
Chapter. In determining whether a violation is substantial, the court must
consider all the circumstances, including:
a. The
importance of the particular interest violated;
b. The
extent of the deviation from lawful conduct;
c. The
extent to which the violation was willful;
d. The
extent to which exclusion will tend to deter future violations of this Chapter."
SECTION 2. The General Assembly respectfully requests the North Carolina Supreme Court to reconsider and overrule its holding in State v. Carter that the good faith exception to the exclusionary rule, which exists under federal law, does not apply under North Carolina State law.
SECTION 3. This act is effective when it becomes law and applies to all hearings or trials commencing on or after that date.