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Tag Archives: suppression motion

Criminal Practice – Search & Seizure – Traffic Stop – Suppression Motion – Insufficient Findings (access required)

State v. O’Connor Where the prosecution and the defense presented conflicting testimony as to defendant’s speed and manner of driving and whether defendant and the arresting officer made eye contact before the officer started following defendant, the trial court should have made findings of fact in support of its order granting defendant’s motion to suppress evidence from the traffic stop.

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Criminal Practice – Juvenile Delinquency – Suppression Motion – State’s Appeal (access required)

In re P.K.M. Since the Juvenile Code only allows the state to appeal two types of orders – an order ruling that a state statute is unconstitutional and an order “which terminates the prosecution of a petition by upholding the defense of double jeopardy, by holding that a cause of action is not stated under a statute, or by granting a motion to suppress” G.S. § 7A-2604(b)(2) – and since the trial court order granting the juvenile’s motion to suppress did not terminate the prosecution, the state has no right to appeal the suppression order.

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Criminal Practice – State’s Appeal – Untimely – ‘Entry’ of Order – Search & Seizure – Suppression Motion (access required)

State v. Oates Editor's Note: The following opinion has been withdrawn by an order of the Court of Appeals of North Carolina, dated July 7, 2011. The trial judge announced that he was granting defendant’s motion to suppress in open court on Dec. 14, 2009, and the state did not give oral notice of appeal. Instead, the state filed notice of appeal on Dec. 30, 2009; however, the trial judge did not enter his written order granting defendant’s motion to suppress until March 22, 2010 – after which the state did not file notice of appeal or ask this court to treat its brief as a petition for writ of certiorari. We must dismiss the state’s appeal because it did not give proper notice of appeal, and this court is without jurisdiction to hear the appeal.

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Criminal Practice – Search & Seizure – Search Incident to Arrest – Suppression Motion – Arrest Order – Failure to Appear – Erroneously Issued (access required)

State v. Banner. (Lawyers Weekly No. 10-07-1058, 9 pp.) (Robert N. Hunter Jr., J.) Appealed from Caldwell County Superior Court. (Robert C. Ervin, J.) N.C. App. Click here to read the full text of the opinion. Holding: Although defendant was ...

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