GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                   D

HOUSE DRH30000-LR-8  (12/01)

 

 

 

Short Title:        Exclusionary Rule/Good Faith Exception.

(Public)

Sponsors:

Representatives Stam, Ingle, and Faircloth (Primary Sponsors).

Referred to:

 

 

 

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 that the North Carolina Supreme Court 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.