In the Matter of N.J., 221 N.C. App. 427 (2012)

Held: 
Remanded
Reversed in Part
Vacated in Part

The trial court erred by failing to make written or oral findings of fact or conclusions of law and failed to state a rationale before denying the juvenile’s suppression motion. The evidence showed that officers approached and questioned several teenagers at a housing project. The juvenile consented to be searched for weapons and answered “yes” when an officer asked whether he had marijuana in his pocket. He also admitted that bags of marijuana the officer found on the ground were his. The juvenile was taken into custody and a petition was filed alleging possession of a controlled substance with intent to manufacture, sell, or deliver. The court denied the juvenile’s motion to suppress statements he made to the officers, but did not make findings or state reasons for doing so. The Court of Appeals held that the requirements in G.S. 15A-977(f) applied in the delinquency case and were violated, which required a remand for the entry of findings of fact and conclusions of law relating to the denial of the juvenile’s motion to suppress.

Category:
Motions to Suppress
Stage:
Procedural Issues
Topic:
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