In re: A.M.P.
No. 04 J 97
Attorney General Roy Cooper, by Assistant Attorney General
Joyce S. Rutledge, for the State.
Michael J. Reece for defendant-appellant.
In this appeal, Juvenile makes one argument:
THE TRIAL COURT ERRED BY DENYING APPELLANT'S MOTION TO SUPRESS (sic) HIS STATEMENT AND PRODUCTION OF THE KNIFE TO PRINCIPAL FOX, AS IT WAS CUSTODIAL AND APPELLANT WAS NOT PROPERLY ADVISED OF HIS JUVENILE RIGHTS.
For the reasons given in In re Phillips, 128 N.C. App. 732, 497 S.E.2d 292, disc. review denied, 348 N.C. 283, 501 S.E.2d 919 (1998), we affirm.
In Phillips, a juvenile contended the trial court should have suppressed her inculpatory statements obtained during questioning by an assistant principal. We held that since the juvenile was not questioned by a law enforcement officer or its agent, the trial court did not err by admitting the juvenile's statements[.] Id. at 735, 497 S.E.2d at 294. Likewise, in this case, the record shows that Principal Fox was not acting as an agent of law enforcement at the time he questioned Juvenile, but as an agent of the school. Accordingly, the trial court did not err in denying Juvenile's motion to suppress.
Judges ELMORE and LEVINSON concur.
Report per Rule 30(e).
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