{"data":{"id":"us-nc/n.c.-gen.-stat.-15a-978","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 15A-978","heading":"Motion to suppress evidence in superior court or district court; challenge of probable cause supporting search on grounds of truthfulness; when identity of informant must be disclosed.","body":"(a)\tA 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 the truthfulness of the testimony by cross-examination or by offering evidence. For the purposes of this section, truthful testimony is testimony which reports in good faith the circumstances relied on to establish probable cause.\n(b)\tIn any proceeding on a motion to suppress evidence pursuant to this section in which the truthfulness of the testimony presented to establish probable cause is contested and the testimony includes a report of information furnished by an informant whose identity is not disclosed in the testimony, the defendant is entitled to be informed of the informant's identity unless:\n(1)\tThe evidence sought to be suppressed was seized by authority of a search warrant or incident to an arrest with warrant; or\n(2)\tThere is corroboration of the informant's existence independent of the testimony in question.\nThe provisions of subdivisions (b)(1) and (b)(2) do not apply to situations in which disclosure of an informant's identity is required by controlling constitutional decisions.\n(c)\tThis section does not limit the right of a defendant to contest the truthfulness of testimony offered in support of a search made without a warrant. (1973, c. 1286, s. 1.)","path":["Chapter 15A. Criminal Procedure Act.","SUBCHAPTER IX. PRETRIAL PROCEDURE.","Article 53. Motion to Suppress Evidence."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-978.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:56:42Z","sha256":"6cc68866459c350138d255f0120532608189e591b256bfeefa3b3748aa8e1aa0","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-15a-977","next":"us-nc/n.c.-gen.-stat.-15a-979"},"notice":"GroundRules: Original legal text. Not legal advice."}