Bill Summary for H 3 (2011-2012)

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Summary date: 

Feb 9 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 3 (Public) Filed Wednesday, January 26, 2011
TO PROVIDE FOR THE ADOPTION OF THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE INTO STATE LAW.
Intro. by Stam, Ingle, Faircloth.

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Bill 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.