AN ACT TO PROVIDE FOR THE ADOPTION OF THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE INTO STATE LAW. Summarized in Daily Bulletin 1/26/11, 2/9/11, and 2/10/11. Enacted March 18, 2011. Effective March 18, 2011.
Summary date: Mar 21 2011 - View summary
Summary date: Feb 10 2011 - View summary
House amendment makes the following changes to 2nd edition. Provides that the act applies to all hearings or trials commencing on or after July 1, 2011 (was, commencing on or after the act’s effective date). Retains the provision that the act is effective when it becomes law.
Summary date: Feb 9 2011 - View summary
House committee substitute makes the following changes to 1st edition.
Amends GS 15A-974(a)(2) to provide that evidence will not be suppressed under the subdivision if the person committing the violation of the Criminal Procedure Act acted under the objectively reasonable, good faith belief that the actions were lawful. Restores the requirement removed in the previous version of the act that evidence must be suppressed if obtained as a result of a substantial violation of the provisions of the Criminal Procedure Act.
Enacts new subsection (b) to GS 15A-974 to direct the court, when making a determination whether or not to suppress evidence, to make findings of fact and conclusions of law for the record. Makes a technical change.
Summary date: Jan 26 2011 - View summary
Amends GS 15A-974 by removing the requirement that evidence be suppressed at criminal trial if it is obtained as a result of a substantial violation of the provisions of GS Chapter 15A (Criminal Procedure Act). 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 state law.