NC: Conflict of laws: NJ search governed by NC law where trial occurred

Defendant was searched in New Jersey and prosecuted in North Carolina. The search result might have been different in New Jersey, but the North Carolina court holds that state law requires that the search be governed by its state law. State v. Hernandez, 208 N.C. App. 591, 704 S.E.2d 55 (2010):

Next, Defendant argues that Trooper Ramcheran’s decision to ask for consent to search the truck violated the principle of New Jersey state constitutional law enunciated in State v. Elder, 192 N.J. 224, 927 A.2d 1250 (2007). N.C. Gen. Stat. § 15A-974 only authorizes the suppression of evidence in the event that “[i]ts exclusion is required by the Constitution of the United States or the Constitution of the State of North Carolina” or the evidence was “obtained as a result of a substantial violation of the provisions of” Chapter 15A of the North Carolina General Statutes. As should be obvious, any violation of the principle of New Jersey state constitutional law enunciated in Elder would not involve a violation of Chapter 15A of the North Carolina General Statutes. Assuming, without in any way deciding, that Trooper Ramcheran’s actions violated the New Jersey Constitution, any such “illegality under … state [law] can neither add to nor subtract from its validity” under the federal or North Carolina Constitutions since a “[m]ere violation of a state statute [or constitutional provision] does not infringe the federal Constitution.” Snowden v. Hughes, 321 U.S. 1, 11, 88 L. Ed. 497, 504, 64 S. Ct. 397, 402 (1944). Thus, this argument provides no basis for the suppression of evidence in a North Carolina court.

[Now, Virginia v. Moore would reach the same result.]