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Tag Archives: Motion to Suppress

Criminal Practice – Juvenile – Motion to Suppress – Findings of Fact – Admission – Disposition Warning (access required)

In re N.J.The trial court failed to state its rationale for denying the juvenile’s motion to suppress the statement he made to the police. We remand for entry of findings of fact and conclusions of law relating to the denial of the juvenile’s motion to suppress.

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Criminal Practice – Dismissal – Search & Seizure – Motion to Suppress (access required)

State v. Joe After the trial court granted defendant’s motions to dismiss the charge of resisting a public officer and to suppress evidence seized in his post-arrest search, the state announced to the trial court that it “would be unable to proceed with the case in chief” on the remaining charges of cocaine possession and attainment of habitual felon status. We do not agree with our Court of Appeals that the prosecutor’s statements amounted to a dismissal in open court; furthermore, the trial court had no authority to enter an order dismissing the remaining charges on its own motion.

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Criminal Practice – Sentencing – Prior Conviction – Motion to Suppress – G.S. 15A-908 (access required)

State v. Blocker Even though defendant cannot collaterally attack her 2007 conviction in an attempt to have it overturned, G.S. § 15A-908 allows her to seek to have the 2007 conviction suppressed (on the grounds that it was obtained in violation of her right to counsel) for purposes of her sentencing on a 2009 conviction.

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Criminal Practice – DWI – Evidence – DWLR – Motion to Suppress – Aggravating Factor – Stipulation (access required)

State v. Presley Although defense counsel successfully moved to dismiss the driving while license revoked (DWLR) charge against defendant, counsel did not move to suppress evidence regarding the DWLR charge for which the officer stopped defendant, leading to the driving while impaired charge against her. Defendant has waived her right to appeal the denial of any intended motion to suppress evidence of driving while license revoked. We find no error in defendant’s DWI conviction. We remand for correction of a clerical error.

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Criminal Practice – Search & Seizure – DWI – Checkpoint – Motion to Suppress (access required)

State v. House Where defendant’s motion to suppress complied with G.S. § 15A-977(a), the parties do not argue that G.S. § 15A-977(b)(2) applies, and the state failed to present any evidence, the state appeared to concede the factual allegations which supported defendant’s motion to suppress evidence gathered as a result of his stop at a DWI checkpoint.

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