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STATE v. YENCER

No. 365PA10.

718 S.E.2d 615 (2011)

STATE of North Carolina v. Julie Anne YENCER.

Supreme Court of North Carolina.

November 10, 2011.

Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Amy Kunstling Irene and Tamara Zmuda , Assistant Attorneys General, for the State-appellant.

Knox, Brotherton, Knox & Godfrey, by Allen C. Brotherton , for defendant-appellee.

Goldsmith, Goldsmith & Dews, P.A., by C. Frank Goldsmith, Jr. , for North Carolina Advocates for Justice, amicus curiae.

Poyner Spruill LLP, by Thomas R. West and Pamela A. Scott , for N.C. Association of Campus Law Enforcement Administrators; Edmond W. Caldwell, Jr., General Counsel, for N.C. Sheriffs' Association, Inc.; and Kochanek Law Group, by Colleen Kochanek, for North Carolina Association of Chiefs of Police, amici curiae.

Poyner Spruill LLP, by Thomas R. West and Pamela A. Scott , for North Carolina Independent Colleges and Universities, Inc., amicus curiae.

Richard L. Hattendorf , General Counsel, and Bailey & Dixon, LLP, by Jeffrey P. Gray , for State Lodge, Fraternal Order of Police, amicus curiae.

McGuireWoods, LLP, by Bradley R. Kutrow , for Trustees of Davidson College, amicus curiae.

MARTIN, Justice.

The North Carolina General Assembly enacted the Campus Police Act to provide police protection at "institutions of higher education" and to ensure "this protection is not denied to students, faculty, and staff at private, nonprofit institutions of higher education originally established by or affiliated with religious denominations." N.C.G.S. § 74G-2 (2009). Under the authority of the Act, an officer of the Davidson College Campus Police arrested...

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