# NC Suppression Procedure — GS 15A-977 & GS 15A-978

**Source:** ncleg.gov (downloaded PDFs)
**Retrieved:** May 25, 2026

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## GS 15A-978 — Challenging Truthfulness of Warrant Affidavit (NC Franks Statute)

### Key Provisions

**(a) Right to Contest Truthfulness:**
> "A defendant may contest the validity of a search warrant and the admissibility of evidence obtained thereunder by contesting the truthfulness of the testimony showing probable cause for its issuance."

- The defendant may contest truthfulness by **cross-examination** or by **offering evidence**
- "Truthful testimony is testimony which reports **in good faith** the circumstances relied on to establish probable cause"

**(b) Informant Identity Disclosure:**
If truthfulness is contested AND the testimony includes information from an undisclosed informant, the defendant is entitled to know the informant's identity UNLESS:
1. The evidence was seized by warrant (this exception applies to McAchran — warrant was obtained)
2. There is **corroboration of the informant's existence** independent of the testimony

**Critical application to McAchran:**
- The exception in (b)(1) applies (warrant was obtained), so the State does NOT have to disclose informant identity
- **HOWEVER:** This statute underscores the importance of **corroboration** — the Legislature recognized that corroboration is the key factor justifying non-disclosure. If the hearsay lacks corroboration, the warrant's validity is undermined
- In McAchran, there was **zero corroboration** of any hearsay statement

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## GS 15A-977 — Motion to Suppress Procedure

### Key Requirements

| Requirement | Detail |
|-------------|--------|
| **Writing** | Motion must be in writing (pre-trial) or may be oral (during trial) |
| **Service** | Copy must be served on the State |
| **Grounds** | Must state the grounds upon which it is made |
| **Supporting affidavit** | Must be accompanied by an affidavit containing facts supporting the motion |
| **State's response** | State may file an answer denying or admitting allegations |

### Summary Disposition

**Must summarily GRANT if:**
1. Motion complies with requirements AND State concedes truth of allegations
2. State stipulates evidence will not be offered

**May summarily DENY if:**
1. Motion does not allege a legal basis
2. Affidavit does not as a matter of law support the ground alleged

### Evidentiary Hearing

If not determined summarily, the judge **must** hold a hearing with:
- Testimony under oath
- Findings of fact
- Conclusions of law recorded in the record

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## Application to McAchran

### Motion Requirements
The defense must file a written motion to suppress with:
1. Statement of grounds (7 grounds identified in comprehensive arguments)
2. Supporting affidavit (can be based on information and belief if source stated)
3. Service on the State

### Strategic Considerations
- **GS 15A-977(c)(2):** The judge may summarily deny if the affidavit "does not as a matter of law support the ground alleged." The defense must ensure the supporting affidavit is thorough and legally sufficient
- **GS 15A-977(d):** If the motion is not summarily denied, the judge **must** hold a hearing — this is where the defense can cross-examine Det. Inman about the hearsay sources, their credibility, and the lack of corroboration
- **GS 15A-978:** The defense should specifically invoke this statute when contesting the truthfulness of the warrant affidavit