N.C. Gen. Stat. 90-95(E)(9) Interpretation
In State v. Dent, 174 N.C. App. 459, 621 S.E.2d 274 (2005), the defendant argued that the magistrate's office, lobby, and search rooms of the Forsyth County Law Enforcement and Detention Center did not constitute a "local confinement facility" for purposes of section 90-95(e)(9).
After recognizing that "criminal statutes are generally construed narrowly against the State and in favor of the accused," id. at 467, 621 S.E.2d at 280, and undertaking a statutory analysis of section 90-95(e)(9), the Court stated that by including the term "on the premises of" in its description of the restricted area, the legislature plainly intended that N.C. Gen. Stat. 90-95(e)(9) should extend beyond the bounds of the "lockup" area of a local confinement facility, including to those secured areas in which arrestees are temporarily detained for search, booking, and other purposes. Id. at 467-68, 621 S.E.2d at 280.