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NC H3

Bill

Status

Passed

3/21/2011

Primary Sponsor

George Cleveland

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Amends G.S. 15A-974 to adopt the good faith exception to the exclusionary rule in North Carolina state law, allowing evidence to be admitted if law enforcement acted under an objectively reasonable, good faith belief that their actions were lawful.

  • Evidence obtained in violation of Chapter 15A provisions will not be suppressed if the person committing the violation acted in good faith, even if the violation was substantial.

  • Requires courts to make findings of fact and conclusions of law when determining whether evidence should be suppressed under this section, to be included in the court record.

  • Requests that the North Carolina Supreme Court reconsider and overrule its holding in State v. Carter that rejected the good faith exception under state law.

  • Effective for all hearings or trials commencing on or after July 1, 2011.

Legislative Description

Exclusionary Rule/Good Faith Exception

Last Action

Ch. SL 2011-6

3/21/2011

Committee Referrals

Judiciary I2/14/2011
Judiciary Subcommittee B1/27/2011

Full Bill Text

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