NORTH CAROLINA	IN THE GENERAL COURT OF JUSTICE

________ COUNTY	DISTRICT COURT DIVISION

FILE NO.

STATE OF NORTH CAROLINA

vs.	MOTION TO SUPPRESS

(GANT)

_________________________,

Defendant.

____________________________________________________________________________

NOW COMES the Defendant, by and through his attorney, Marcus E. Hill, and moves to suppress all evidence gathered after the search of his vehicle. In support of said motion, the defendant says as follows:

1.	That the defendant was arrested and charged with driving while impaired.

2.	That as a "search incident to arrest" the officer searched his car and found a small amount of marijuana.

3.	That under Arizona v. Gant 129 S.Ct. 1710 (2009) the officer does not have the right to do an inventory search without permission or unless the defendant was in his car when arrested.

4.	Since the search was illegal all evidence gathered after that search should be suppressed.

WHEREFORE, THE DEFENDANT PRAYS THAT THE COURT:

1.	Suppress all evidence gathered after the search of the vehicle.

This the ________day of _____________________, 20______.

__________________________________	Marcus E. Hill

Attorney for Defendant

311 E. Main Street

Durham, North Carolina 27701

(919) 688-1941