STATE v. ROOKS

No. COA08-551.

674 S.E.2d 738 (2009)

STATE of North Carolina v. John C. ROOKS.

Court of Appeals of North Carolina.

April 7, 2009.


Attorney(s) appearing for the Case

Attorney General Roy Cooper by Special Deputy Attorney General Robert C. Montgomery for the State.

Glover & Petersen, P.A. by Ann B. Petersen, Chapel Hill, for defendant-appellee.


CALABRIA, Judge.

The State appeals the trial court's grant of John C. Rooks' ("defendant's") motion to suppress. We reverse and remand.

On 9 November 2006, Detective John Kivett of the Hoke County Sheriff's Department ("Detective Kivett") was dispatched to defendant's home in response to a call reporting an alleged sexual assault on a child. Defendant's wife told law enforcement she observed defendant on his knees with his penis placed on his daughter's stomach...

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