State v. Gibson

ARNOLD, Judge.

Defendant challenges G.S. 15A-977 on four grounds. The statute provides, in part:

“ (a) A motion to suppress evidence in superior court made before trial must be in writing [and] state the grounds upon which it is made [and] be accompanied by an affidavit containing facts supporting the motion. The affidavit may be based on personal knowledge, or upon information and belief, if the source of the information and the basis of the belief are stated . . . . ”

The statute requires an affidavit, and defendant objects to this. He says that requiring the affidavit amounts to compelling…