How does a court decide whether to grant a motion to suppress evidence?

In North Carolina, courts must use the Fourth Amendment of the U.S. Constitution to decide whether or not to grant a motion to suppress evidence in a drug crime case. The Fourth Amendment provides protection against illegal search and seizures of a person or their property without a valid warrant. A warrant must be issued by a judge and must name the specific items or places that law enforcement can search for evidence. The defendant’s attorney must prove to the court that evidence was obtained in violation of the Fourth Amendment. The burden of proof in this case is on the defendant, and the court must determine if the evidence should be suppressed based on the facts presented. The court will evaluate the circumstances surrounding the search and seizure to determine if the evidence was obtained without a warrant or if the search was unreasonable. If the court finds that the evidence was obtained in violation of the Fourth Amendment, the motion to suppress is granted and the evidence is ruled inadmissible in court. This prevents the prosecutor from using the evidence to make its case, which may lead to a dismissal or a not guilty verdict. If the court finds that the evidence was obtained legally, the motion to suppress is denied and the evidence can be used in court.

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How does a court decide whether to grant a motion to suppress evidence?

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