§15A-975. Motion to suppress evidence in superior court prior to trial and during trial

(a)        In superior court, the defendant may move to suppress evidence only prior to trial unless the defendant did not have reasonable opportunity to make the motion before trial or unless a motion to suppress is allowed during trial under subsection (b) or (c).

(b)        A motion to suppress may be made for the first time during trial when the State has failed to notify the defendant's counsel or,  if he has none, the defendant, sooner than 20 working days before trial, of its intention to use the evidence, and the evidence is:

(1)        Evidence of a statement made by a defendant;

(2)        Evidence obtained by virtue of a search without a search warrant; or

(3)        Evidence obtained as a result of search with a search warrant when the defendant was not present at the time of the execution of the search warrant.

(c)        If, after a pretrial determination and denial of the motion, the judge is satisfied, upon a showing by the defendant, that additional pertinent facts have been discovered by the defendant which he could not have discovered with reasonable diligence before the determination of the motion, he may permit the defendant to renew the  motion before the trial or, if not possible because of the time of discovery of alleged new facts, during trial.

When a misdemeanor is appealed by the defendant for trial de novo in superior court, the State need not give the notice required by this section.

(1973, c. 1286, s. 1.)