Checkpoint Stats PA Deferred Prosecution Statue

MOTION TO SUPPRESS (GANT)

NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
_________ COUNTY DISTRICT COURT DIVISION
FILE NO.

STATE OF NORTH CAROLINA

MOTION TO SUPPRESS (GANT)
v.
_______________________,
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. The defendant was arrested and charged with _______________________.

2. As a “search incident to arrest” the officer searched his car and found _________

___________________________________________________________________.

3. Under Arizona v. Gant 129 S.Ct. 1710 (2009) the officer does not have the right

to do a search incident to arrest or an inventory search without consent or exigent

circumstances.

4. Evidence gathered after an improper search is not admissible.

WHEREFORE THE DEFENDANT PRAYS THAT THE COURT:


1. Suppress all evidence gathered after the search.

 


___________________________
Marcus E. Hill
Attorney at Law
311 East Main Street
Durham, North Carolina 27701
(919) 688-1941