AOC-CR-307 — Motion to Suppress Evidence

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01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02 CASE INFORMATION

File No. *

County *

Division

State / Plaintiff

Defendant *

Charge(s) / Offense(s)

03 EVIDENCE SOUGHT TO BE SUPPRESSED

Describe the evidence sought to be suppressed *

Date(s) / Location of Search or Seizure

04 GROUNDS FOR SUPPRESSION — G.S. 15A-974

Select all applicable grounds *

Warrantless search/seizure — The search or seizure was conducted without a warrant and no exception to the warrant requirement applies (4th Amendment; Art. I, § 20 NC Const.) Defective warrant — The warrant was not supported by probable cause, was issued without a sufficient showing, was facially defective, or failed to particularly describe the place or things to be searched or seized Unlawful stop / detention — Law enforcement lacked reasonable articulable suspicion to stop or detain the Defendant (Terry v. Ohio; G.S. 15A-1001) Unlawful arrest — The Defendant's arrest was without probable cause, and the evidence is the fruit of that unlawful arrest (Wong Sun v. United States) Fruit of the poisonous tree — The evidence was obtained as a direct or indirect result of a prior unconstitutional search, seizure, arrest, or interrogation Miranda / involuntary statement — Statements were obtained in violation of Miranda v. Arizona, without adequate waiver of rights, or were involuntary under the totality of circumstances (5th & 6th Amend.) Sixth Amendment violation — Statements were obtained in violation of the Defendant's right to counsel after adversarial proceedings commenced without a valid waiver of that right Absence of valid consent — Any purported consent to search was not freely and voluntarily given, was the product of coercion or deception, or exceeded the scope of any consent provided Other constitutional/statutory violation — Other grounds (describe in factual basis below)

05 FACTUAL BASIS

Set forth the specific facts supporting each ground checked above *

06 REQUEST FOR HEARING & ADDITIONAL RELIEF

Request Evidentiary Hearing

G.S. 15A-977(a) — Defendant may request evidentiary hearing on the motion

Estimated Time for Hearing / Witnesses to Be Called

Additional Relief Requested

07 CERTIFICATE OF SERVICE

Served Upon *

Date of Service *

Method of Service

Service Address / Contact

SELECTED COUNTY

— Select above —

⚡ SUPPRESSION IS FACT-INTENSIVE

A successful suppression motion turns on the specific facts of the search or seizure. An experienced criminal defense attorney can identify Fourth Amendment arguments you may not see in the charging papers.

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STATUTORY REFERENCE

G.S. 15A-971Basis for suppression

G.S. 15A-974Grounds — constitutional violation

G.S. 15A-977Suppression procedure

G.S. 15A-979Effect of suppression order

4th AmendmentUS Constitution

Art. I § 20NC Constitution

FILING DEADLINE

Must be filed before trial — at or before the time of the omnibus pretrial motions hearing
G.S. 15A-976: file prior to or at the time set for hearing on pretrial motions
For District Court: raise suppression at the start of trial or at any pretrial hearing
Failure to timely file may constitute waiver (G.S. 15A-976)

WHAT GETS GENERATED

Motion to Suppress with full case caption
Description of evidence to be suppressed
All checked constitutional/statutory grounds
Factual basis section
Hearing request and additional relief
Certificate of Service
Court-ready PDF — letter size (8.5" × 11")

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Suppression motions require legal research and specific factual development
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