Carolina Criminal Defense & DUI Lawyer UpdatesFailure to read a search warrant before execution in North Carolina technically violates N.C.G.S. § 15A-252. Suppression of illegally seized evidence due to an improperly served and executed warrant is not necessarily automatic. N.C.G.S. § 15A-974 provides that evidence may be suppressed when the violation is both substantial and causally connected to the evidence obtained. In certain circumstances, North Carolina appellate courts have declined to suppress evidence where the execution defect was minimal, non-willful, or causally severed from the discovery of evidence. The defense must satisfy both prongs independently. Failure on either likely defeats a motion to suppress.
North Carolina Search Warrant Requirements | What Police Should Do Before Searching
Section 15A-252 imposes mandatory pre-search obligations on every officer executing a search warrant in North Carolina. Before undertaking any search or seizure under the warrant, the officer is directed to: