State v. Harvey

PARKER, Judge.

The threshold question presented by this appeal is whether the trial judge properly considered grounds for the suppression motion which were not contained in the motion itself.

General Statute 15A-977(a) dictates that all motions to suppress evidence must contain the grounds which defendant asserts as the basis of the motion. The motion presented by defendant in this case focused on the involuntary nature of defendant’s statements. The trial judge, on the other hand, based his decision granting the motion on the failure of the police to give the warnings required by Miranda for…