There's a new batch of opinions from the court of appeals today. One is State v. Reavis, a case that raises a question I've been asked several times recently in different contexts: what's a motion to suppress, and how does it differ from a simple objection to the admission of evidence, and from a motion in limine? In Reavis, the issue arose in the context of G.S. 15A-975, which generally requires motions to suppress to be filed before trial in superior court. But the same issue comes up in DWI cases because of G.S. 20-38.6, which likewise provides that "[t]he defendant may move to suppress evidence . . . only prior to trial," subject to limited exceptions. In DWI cases and in superior court cases, then, it can be very important to know whether a particular motion is a "motion to suppress." If the motion is a motion to suppress, but it is not made prior to trial, it will be barred as untimely. The relationship between a motion to suppress and a motion in limine is clearly explained in our case law. “[A] motion in limine is a preliminary or pretrial motion. . . . Article 53 of Chapter 15A deals with a specific type of a motion in limine and that is the motion in limine to suppress evidence. . . . The fact that it is a motion to suppress denotes the type of motion that has been made. The fact that it is also a motion in [...]
Faculty Coordinators
