{ "id": 4154012, "name": "STATE OF NORTH CAROLINA v. JULIE ANNE YENCER", "name_abbreviation": "State v. Yencer", "decision_date": "2011-11-10", "docket_number": "No. 365PA10", "first_page": "292", "last_page": "304", "citations": [ { "type": "official", "cite": "365 N.C. 292" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "696 S.E.2d 875", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2010, "opinion_index": -1 }, { "cite": "403 U.S. 602", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 12027402 ], "opinion_index": -1, "case_paths": [ "/us/403/0602-01" ] }, { "cite": "530 U.S. 793", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 9414276 ], "weight": 2, "year": 2000, "pin_cites": [ { "page": "826, 827, 829", "parenthetical": "plurality opinion" }, { "page": "2550-52", "parenthetical": "plurality opinion" } ], "opinion_index": 0, "case_paths": [ "/us/530/0793-01" ] }, { "cite": "2005 N.C. Sess. Laws 531", "category": "laws:leg_session", "reporter": "N.C. Sess. Laws", "opinion_index": 0 }, { "cite": "413 U.S. 756", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11343282 ], "weight": 2, "year": 1973, "pin_cites": [ { "page": "780" }, { "page": "2969" } ], "opinion_index": 0, "case_paths": [ "/us/413/0756-01" ] }, { "cite": "330 U.S. 1", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 353633 ], "weight": 2, "year": 1947, "pin_cites": [ { "page": "17-18" }, { "page": "512-13" } ], "opinion_index": 0, "case_paths": [ "/us/330/0001-01" ] }, { "cite": "512 U.S. 687", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 39841 ], "weight": 2, "year": 1994, "pin_cites": [ { "page": "702-06", "parenthetical": "addressing an alleged Establishment Clause violation by drawing from cases involving delegation of authority, monetary aid, and other governmental benefits" }, { "page": "2491-92", "parenthetical": "addressing an alleged Establishment Clause violation by drawing from cases involving delegation of authority, monetary aid, and other governmental benefits" } ], "opinion_index": 0, "case_paths": [ "/us/512/0687-01" ] }, { "cite": "413 U.S. 734", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11343031 ], "weight": 15, "year": 1973, "pin_cites": [ { "page": "741" }, { "page": "2873" }, { "page": "743-44" }, { "page": "2874-75" }, { "page": "742" }, { "page": "2874", "parenthetical": "citations omitted" }, { "page": "744" }, { "page": "2874" }, { "page": "743" }, { "page": "2874" }, { "page": "743-44" }, { "page": "2874-75" }, { "page": "743" }, { "page": "743-44" }, { "page": "742-45" } ], "opinion_index": 0, "case_paths": [ "/us/413/0734-01" ] }, { "cite": "403 U.S. 672", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 12027449 ], "weight": 3, "year": 1971, "pin_cites": [ { "page": "677-78", "parenthetical": "plurality opinion" }, { "page": "2095", "parenthetical": "plurality opinion" }, { "page": "679-80" } ], "opinion_index": 0, "case_paths": [ "/us/403/0672-01" ] }, { "cite": "492 U.S. 573", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6217400 ], "weight": 2, "year": 1989, "pin_cites": [ { "page": "606" }, { "page": "3108" } ], "opinion_index": 0, "case_paths": [ "/us/492/0573-01" ] }, { "cite": "545 U.S. 844", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 8210003 ], "weight": 2, "year": 2005, "opinion_index": 0, "case_paths": [ "/us/545/0844-01" ] }, { "cite": "536 U.S. 639", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1254908 ], "weight": 2, "pin_cites": [ { "page": "648-49" }, { "page": "2465" } ], "opinion_index": 0, "case_paths": [ "/us/536/0639-01" ] }, { "cite": "521 U.S. 203", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 915883 ], "weight": 22, "year": 1997, "pin_cites": [ { "page": "233" }, { "page": "2015" }, { "page": "232-34" }, { "page": "2014-15" }, { "page": "2015", "parenthetical": "citations omitted" }, { "page": "234" }, { "page": "2016" }, { "page": "232" }, { "page": "2015", "parenthetical": "citations omitted" }, { "page": "232" }, { "page": "2015", "parenthetical": "citations omitted" }, { "page": "234" }, { "page": "2016" }, { "page": "223-24" }, { "page": "2010-11" }, { "page": "233" }, { "page": "2015" }, { "page": "232" }, { "page": "2015" }, { "page": "233" }, { "page": "2015" } ], "opinion_index": 0, "case_paths": [ "/us/521/0203-01" ] }, { "cite": "397 U.S. 664", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 12058013 ], "weight": 2, "year": 1970, "pin_cites": [ { "page": "674" }, { "page": "1414" } ], "opinion_index": 0, "case_paths": [ "/us/397/0664-01" ] }, { "cite": "490 U.S. 680", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 605787 ], "weight": 2, "year": 1989, "pin_cites": [ { "page": "695", "parenthetical": "\"If no . . . facial [denominational] preference exists, we proceed to apply the customary three-pronged Establishment Clause inquiry derived from Lemon v. Kurtzman.'' (citations omitted)" }, { "page": "2146", "parenthetical": "\"If no . . . facial [denominational] preference exists, we proceed to apply the customary three-pronged Establishment Clause inquiry derived from Lemon v. Kurtzman.'' (citations omitted)" } ], "opinion_index": 0, "case_paths": [ "/us/490/0680-01" ] }, { "cite": "459 U.S. 116", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6192512 ], "weight": 22, "year": 1982, "pin_cites": [ { "page": "122" }, { "page": "510" }, { "page": "125" }, { "page": "511" }, { "page": "512" }, { "page": "125" }, { "page": "511" }, { "page": "125" }, { "page": "117, 130" }, { "page": "507, 514" }, { "page": "127" }, { "page": "512" }, { "page": "125" }, { "page": "511" }, { "page": "125" }, { "page": "511" }, { "page": "127" }, { "page": "512" } ], "opinion_index": 0, "case_paths": [ "/us/459/0116-01" ] }, { "cite": "426 U.S. 736", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6182266 ], "weight": 4, "year": 1976, "pin_cites": [ { "page": "746", "parenthetical": "Blackmun, J." }, { "page": "2344", "parenthetical": "Blackmun, J." }, { "page": "760" }, { "page": "2351" } ], "opinion_index": 0, "case_paths": [ "/us/426/0736-01" ] }, { "cite": "712 S.E.2d 874", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2011, "pin_cites": [ { "page": "878", "parenthetical": "citation omitted" }, { "page": "878", "parenthetical": "citations omitted" } ], "opinion_index": 0 }, { "cite": "365 N.C. 162", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4153463 ], "year": 2011, "pin_cites": [ { "page": "167-68", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/365/0162-01" ] }, { "cite": "578 S.E.2d 321", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2003, "opinion_index": 0 }, { "cite": "356 N.C. 687", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 1511369, 1511378, 1511284, 1511177 ], "year": 2003, "opinion_index": 0, "case_paths": [ "/nc/356/0687-03", "/nc/356/0687-01", "/nc/356/0687-04", "/nc/356/0687-02" ] }, { "cite": "574 S.E.2d 166", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2002, "opinion_index": 0 }, { "cite": "155 N.C. App. 146", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9249217 ], "year": 2002, "opinion_index": 0, "case_paths": [ "/nc-app/155/0146-01" ] }, { "cite": "115 S. Ct. 2276", "category": "reporters:federal", "reporter": "S. Ct.", "year": 1995, "opinion_index": 0 }, { "cite": "515 U.S. 1121", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1564513, 1563912, 1564393, 1564584, 1563789, 1564397, 1564209, 1564019, 1563769, 1563676 ], "year": 1995, "opinion_index": 0, "case_paths": [ "/us/515/1121-05", "/us/515/1121-06", "/us/515/1121-10", "/us/515/1121-04", "/us/515/1121-07", "/us/515/1121-09", "/us/515/1121-03", "/us/515/1121-08", "/us/515/1121-01", "/us/515/1121-02" ] }, { "cite": "451 S.E.2d 274", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 7, "year": 1994, "pin_cites": [ { "page": "281" } ], "opinion_index": 0 }, { "cite": "339 N.C. 379", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2557327 ], "weight": 3, "year": 1994, "pin_cites": [ { "page": "390" } ], "opinion_index": 0, "case_paths": [ "/nc/339/0379-01" ] }, { "cite": "696 S.E.2d 875", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 7, "year": 2010, "pin_cites": [ { "page": "879" }, { "page": "879" }, { "page": "880" } ], "opinion_index": 0 }, { "cite": "403 U.S. 602", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 12027402 ], "weight": 9, "pin_cites": [ { "page": "612-13" }, { "page": "2111", "parenthetical": "internal citations omitted" }, { "page": "612" }, { "page": "616" }, { "page": "618-19" }, { "page": "618" }, { "page": "618" } ], "opinion_index": 0, "case_paths": [ "/us/403/0602-01" ] } ], "analysis": { "cardinality": 1288, "char_count": 32795, "ocr_confidence": 0.751, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.1351742900840937 }, "sha256": "0ec6c57c8239845356d8e05bf15636b006b0cac8adefac45ba514d0aa1a48e71", "simhash": "1:67ed9f226a5b15e2", "word_count": 5124 }, "last_updated": "2023-07-14T18:57:15.030367+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE OF NORTH CAROLINA v. JULIE ANNE YENCER" ], "opinions": [ { "text": "MARTIN, Justice.\nThe North Carolina General Assembly enacted the Campus Police Act to provide police protection at \u201cinstitutions of higher education\u201d and to ensure \u201cthis protection is not denied to students, faculty, and staff at private, nonprofit institutions of higher education originally established by or affiliated with religious denominations.\u201d N.C.G.S. \u00a7 74G-2 (2009). Under the authority of the Act, an officer of the Davidson College Campus Police arrested defendant for driving while impaired. We hold that the Campus Police Act, as applied to defendant, does not offend the Establishment Clause of the First Amendment to the United States Constitution.\nOn 5 January 2006, Davidson College Campus Police Officer Wesley L. Wilson observed defendant\u2019s vehicle traveling at a high rate of speed and crossing the center lines of two streets near the Davidson College campus. Officer Wilson stopped defendant\u2019s vehicle and, with defendant\u2019s consent, administered two breath alcohol tests. Officer Wilson arrested defendant for driving while impaired and reckless driving.\nDefendant filed a pretrial motion to suppress, contending that the exercise of police power by an officer of the Davidson College Campus Police violated the North Carolina and United States Constitutions because Davidson College is a \u201creligious institution\u201d for Establishment Clause purposes. The trial court issued a written order denying defendant\u2019s motion on 21 May 2007. Defendant pled guilty on 31 July 2008 to driving while impaired but reserved her right to appeal the trial court\u2019s denial of the motion to suppress.\nOn appeal, the Court of Appeals reversed the trial court\u2019s denial of defendant\u2019s motion to suppress, holding that two state court decisions, State v. Pendleton, 339 N.C. 379, 451 S.E.2d 274 (1994), cert. denied, 515 U.S. 1121, 115 S. Ct. 2276 (1995), and State v. Jordan, 155 N.C. App. 146, 574 S.E.2d 166 (2002), appeal dismissed and disc. rev. denied, 356 N.C. 687, 578 S.E.2d 321 (2003), compelled the conclusion that \u201cDavidson College is a religious institution for the purposes of the Establishment Clause.\u201d State v. Yencer, _ N.C. App. _, _, 696 S.E.2d 875, 879 (2010). The court held that the Campus Police Act granted an unconstitutional delegation of discretionary power to a religious institution. Id. at _, 696 S.E.2d at 879. The court observed, however, that both Pendleton and Jordan were decided before passage of the Campus Police Act, \u201cone of the stated purposes of which is to \u2018assure, to the extent consistent with the State and federal constitutions, that [police] protection is not denied to students, faculty, and staff at private, nonprofit institutions of higher education originally established by or affiliated with religious denominations.\u2019 \u201d Id. at _ n.10, 696 S.E.2d at 880 n.10 (alteration in original) (quoting N.C.G.S. \u00a7 74G-2). The Court of Appeals concluded its opinion by urging this Court to review its decision. Id. at _, 696 S.E.2d at 880. On 7 October 2010, we retained the State\u2019s notice of appeal, allowed the State\u2019s petition for discretionary review, and allowed defendant\u2019s conditional petition for discretionary review.\nAt the outset, we observe that \u201c[t]he standard of review in evaluating the denial of a motion to suppress is whether competent evidence supports the trial court\u2019s findings of fact and whether the findings of fact support the conclusions of law.\u201d State v. Biber, 365 N.C. 162, 167-68, 712 S.E.2d 874, 878 (2011) (citation omitted). We review conclusions of law de novo. Id. at 168, 712 S.E.2d at 878 (citations omitted).\nIt is well established that \u201creligious institutions need not be quarantined from public benefits that are neutrally available to all.\u201d Roemer v. Bd. of Pub. Works, 426 U.S. 736, 746, 96 S. Ct. 2337, 2344 (1976) (Blackmun, J.) (plurality opinion). \u201cThe purposes of the First Amendment guarantees relating to religion were twofold: to foreclose state interference with the practice of religious faiths, and to foreclose the establishment of a state religion familiar in other 18th-century systems.\u201d Larkin v. Grendel\u2019s Den, Inc., 459 U.S. 116, 122, 103 S. Ct. 505, 510 (1982). When, as here, the facts evince no preference for one religion over another, we apply the test enumerated in Lemon v. Kurtzman, 403 U.S. 602, 91 S. Ct. 2105 (1971), to resolve an Establishment Clause challenge. See Hernandez v. Comm\u2019n, 490 U.S. 680, 695, 109 S. Ct. 2136, 2146 (1989) (\u201cIf no . . . facial [denominational] preference exists, we proceed to apply the customary three-pronged Establishment Clause inquiry derived from Lemon v. Kurtzman.\u2019\u2019 (citations omitted)).\nIn Lemon the United States Supreme Court established the seminal three-pronged inquiry: \u201cFirst, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster \u2018an excessive government entanglement with religion.\u2019 \u201d 403 U.S. at 612-13, 91 S. Ct. at 2111 (internal citations omitted) (quoting Walz v. Tax Comm\u2019n, 397 U.S. 664, 674, 90 S. Ct. 1409, 1414 (1970)). In recent years the Court has increasingly treated excessive entanglement \u201cas an aspect of the inquiry into a statute\u2019s effect.\u201d Agostini v. Felton, 521 U.S. 203, 233, 117 S. Ct. 1997, 2015 (1997); see also Zelman v. Simmons-Harris, 536 U.S. 639, 648-49 (majority), 668-69 (O\u2019Connor, J., concurring), 122 S. Ct. 2460, 2465 (majority), 2476 (O\u2019Connor, J., concurring) (2002). Accordingly, we apply Lemon and its progeny to address the Establishment Clause challenge raised by defendant in the instant case.\nThe Supreme Court has indicated that the fact-centered analysis necessary to resolve Establishment Clause challenges \u201clacks the comfort of categorical absolutes.\u201d McCreary Cnty., Ky. v. Am. Civil Liberties Union of Ky., 545 U.S. 844, 859 n.10, 125 S. Ct. 2722, 2733 n.10 (2005). \u201cIt is perhaps unfortunate, but nonetheless inevitable, that the broad language of many clauses within the Bill of Rights must be translated into adjudicatory principles that realize their full meaning only after their application to a series of concrete cases.\u201d Cnty. of Allegheny v. Am. Civil Liberties Union, Greater Pittsburgh Chapter, 492 U.S. 573, 606, 109 S. Ct. 3086, 3108 (1989). \u201c[A]nalysis in this area must begin with a consideration of the cumulative criteria developed over many years and applying to a wide range of governmental action challenged as violative of the Establishment Clause.\u201d Tilton v. Richardson, 403 U.S. 672, 677-78, 91 S. Ct. 2091, 2095 (1971) (plurality opinion).\nDefendant does not dispute that the Campus Police Act has a \u201csecular legislative purpose.\u201d Lemon, 403 U.S. at 612, 91 S. Ct. at 2111. The legislature explicitly stated its purpose in enacting the Campus Police Act: \u201c[T]o protect the safety and welfare of students, faculty, and staff in institutions of higher education by fostering integrity, proficiency, and competence among campus police agencies and campus police officers.\u201d N.C.G.S. \u00a7 74G-2(a). We need not pursue this inquiry further because defendant in no way suggests that this provision is \u201canything other than a good-faith statement of purpose.\u201d Hunt v. McNair, 413 U.S. 734, 741, 93 S. Ct. 2868, 2873 (1973). Therefore, it is undisputed that the Campus Police Act has a secular legislative purpose as required by Lemon.\nTurning to the disputed aspects of the Lemon test, we must consider whether the principal effect of the statute advances or inhibits religion and whether the statute fosters an excessive government entanglement with religion. See, e.g., Agostini, 521 U.S. at 232-34, 117 S. Ct. at 2014-15. The Supreme Court has provided guidance for applying the Lemon test when the government has conferred aid and delegated authority, both of which necessitate discussion here. See Bd. of Educ. v. Grumet, 512 U.S. 687, 702-06, 114 S. Ct. 2481, 2491-92 (1994) (addressing an alleged Establishment Clause violation by drawing from cases involving delegation of authority, monetary aid, and other governmental benefits).\nIn cases of government aid to organizations that are not churches, the Court has considered \u201cthe character of the institutions benefited (e.g., whether the religious institutions [are] \u2018predominantly religious\u2019) and the nature of the aid that the State provided (e.g., whether it was neutral and nonideological).\u201d Id. at 232, 117 S. Ct. at 2015 (citations omitted); see also Hunt, 413 U.S. at 743-44, 93 S. Ct. at 2874-75; Everson v. Bd. of Educ., 330 U.S. 1, 17-18, 67 S. Ct. 504, 512-13 (1947). Although \u201cthe proposition that the Establishment Clause prohibits any program which in some manner aids an institution with a religious affiliation has consistently been rejected,\u201d Hunt, 413 U.S. at 742, 93 S. Ct. at 2874 (citations omitted), courts must necessarily conduct a factual inquiry to ensure that the governmental benefit does not flow directly \u201cto the religious as opposed to the secular activities of the [institution],\u201d id. at 744, 93 S. Ct. at 2874. If an institution is so \u201cpervasively sectarian,\u201d id. at 743, 93 S. Ct. at 2874, that governmental benefits cannot be directed primarily toward neutral, nonreligious purposes, then the benefit likely would advance religion in a manner inconsistent with Lemon, see id. at 743-44, 93 S. Ct. at 2874-75.\nThe Supreme Court has also considered whether the aid \u201cresult[s] in governmental indoctrination; define[s] its recipients by reference to religion; or create[s] an excessive entanglement.\u201d Agostini, 521 U.S. at 234, 117 S. Ct. at 2016. When assessing a delegation of governmental power to a church, the Court has considered whether the delegation advances religion and whether the delegation is limited by an \u201c \u2018effective means of guaranteeing\u2019 that the delegated power \u2018will be used exclusively for secular, neutral, and nonideological purposes.\u2019 \u201d Larkin, 459 U.S. at 125, 103 S. Ct. at 511 (quoting Comm. for Pub. Educ. & Religious Liberty v. Nyquist, 413 U.S. 756, 780, 93 S. Ct. 2955, 2969 (1973)). In such circumstances, the Court has found excessive entanglement when the statute \u201csubstitutes the unilateral and absolute power of a church for the reasoned decision-making of a public legislative body acting on evidence and guided by standards, on issues with significant economic and political implications.\u201d Id. at 127, 103 S. Ct. at 512.\nDavidson College is not a church but a private liberal arts college. Students are admitted regardless of their religious beliefs and they are not required to attend religious services. Students represent a wide diversity of faith traditions. To graduate from Davidson College with a Bachelor of Science degree, a student must satisfactorily complete thirty-two courses. Of those thirty-two courses, only one must be in religion. Staff and faculty are not required to have a religious affiliation or to attend religious services; they merely must agree that they will work in harmony with the College\u2019s statement of purpose. The Presbyterian Church of the United States of America (PC-USA) has no role either in the hiring or firing of staff or faculty, or in the student admissions process. The PC-USA neither owns the land on which Davidson College is situated, nor has any role in setting the curriculum or in making management and policy decisions. In short, the PC-USA does not run or control the College.\nDavidson College was established in 1837 by the Presbyterians of North Carolina and is voluntarily affiliated with the PC-USA. Davidson\u2019s historical relationship with the PC-USA is memorialized in its statement of purpose. According to this statement of purpose: \u201cThe primary purpose of Davidson College is to assist students in developing humane instincts and disciplined and creative minds for lives of leadership and service. . . . The loyalty of the college thus extends beyond the Christian community to the whole of humanity and necessarily includes openness to and respect for the world\u2019s various religious traditions.\u201d The bylaws require that at least eighty percent of Davidson\u2019s board of trustees be active members of some Christian church. Twenty-four of the forty-four elected trustees must be members of PC-USA churches, and all must agree to \u201chonor the traditions that have shaped Davidson as a place where faith and reason work together in mutual respect for service to God and humanity.\u201d Davidson\u2019s bylaws also elaborate that the president should be a Christian who is a member of a PC-USA church.\nThe trial court considered this evidence and concluded that Davidson\u2019s primary purpose is secular education. We affirm the trial court\u2019s determination that Davidson College is not a church and that its primary purpose is not religious in nature. Davidson College\u2019s secular, educational mission predominates. While a reading of Davidson\u2019s statement of purpose shows that the College is church affiliated, the statement also shows that the College is not a \u201cpredominantly religious\u201d institution. Agostini, 521 U.S. at 232, 117 S. Ct. at 2015 (citations omitted).\nWe now pause to examine the Campus Police Act. See N.C.G.S. \u00a7\u00a7 74G-1 to -13 (2009). Before the enactment of the Campus Police Act, the Davidson College Campus Police were regulated under Chapter 74E. See N.C.G.S. \u00a7\u00a7 74E-1 to -13 (2009). The session law enacting the Campus Police Act \u201cautomatically converged] \u201d all campus police agency certifications and officer commissions issued under Chapter- 74E to authorizations under the Campus Police Act, unless the board of trustees of the educational institution requested in writing to remain under Chapter 74E. Act of July 18, 2005, ch. 231, sec. 12, 2005 N.C. Sess. Laws 531, 541. Because Davidson\u2019s board of trustees did not elect to continue certification under Chapter 74E, Officer Wilson was commissioned as a police officer under the Campus Police Act at the time of defendant\u2019s arrest.\nThe Campus Police Act imposes more stringent limitations than did the statute this Court considered in Pendleton, 339 N.C. 379, 451 S.E.2d 274. The Court in Pendleton was tasked with addressing whether the former statute, Chapter 74A, was unconstitutional as applied to an arrest by campus police at Campbell University. We are faced with a very different statute here, designed to address concerns about the delegation of governmental power. In addition to the former statute\u2019s requirement for officers to \u201ctake and subscribe the usual oath,\u201d N.C.G.S. \u00a7 74A-2(a) (1989) (repealed 1992), the Campus Police Act imposes further limitations to ensure neutral, uniform enforcement of the law by campus police agencies. The Act requires that campus police officers maintain the same minimum standards that are required for state police officers generally. N.C.G.S. \u00a7 74G-8. The Act also imposes constraints and checks on campus police agencies. Specifically, the Act authorizes the Attorney General to (1) \u201cestablish minimum education, experience, and training standards\u201d; (2) set and enforce certification requirements; (3) require reports from campus police officers and agencies; (4) inspect records maintained by campus police agencies; (5) conduct' investigations to ensure that campus police agencies and officers are complying with the Act; and (6) \u201cdeny, suspend, or revoke\u201d campus police agency certifications and campus police officer commissions for failure to comply with the Act. Id. \u00a7 74G-4. The Attorney General is the legal custodian of all records of the Campus Police Program, including personnel files for campus police officers. Id. \u00a7 74G-5. When campus police officers exercise the power of arrest, they must \u201capply the standards established by the law of this State and the United States.\u201d Id. \u00a7 74G-6(b). In other words, campus police officers may enforce only the law, not campus policies or religious rules. Further, any arrests made by campus police officers are \u201creviewable by the General Court of Justice and the federal courts.\u201d Id. \u00a7 74G-2(b)(9). Accordingly, the Campus Police Act provides substantially more protections to ensure neutrality and guard against excessive church-state entanglement than did the statute at issue in Pendleton.\nCognizant of Davidson\u2019s institutional characteristics and of the underlying differences between Chapter 74G and the former statute, Chapter 74A, we examine the primary effect and excessive entanglement aspects of the Lemon test in the context of this case. First, the \u201cnature of the aid that the State provided\u201d in certifying the Davidson College Campus Police is secular. Agostini, 521 U.S. at 232, 117 S. Ct. at 2015 (citations omitted). This benefit offers the College a state-certified police agency to enforce federal and state laws, not religious rules. Defendant has not argued that the delegation of police power to the Davidson Campus Police is anything but \u201csecular, neutral, [and] nonideological.\u201d Lemon, 403 U.S. at 616, 91 S. Ct. at 2113 (\u201cOur decisions from Everson to Allen have permitted the States to provide church-related schools with secular, neutral, or nonideological services, facilities, or materials.\u201d). Rather, like those at other colleges and universities, the students, faculty, and staff at Davidson are simply receiving the secular benefit of police protection. Moreover, defendant has not argued that the statute \u201cdefine [s] its recipients by reference to religion.\u201d Agostini, 521 U.S. at 234, 117 S. Ct. at 2016. The benefits of the Campus Police Act are available both to religiously affiliated schools and to nonreligiously affiliated schools. Further, defendant has failed to demonstrate that the operation of the Act has resulted in \u201cgovernmental indoctrination\u201d of religion. Id. Specifically, defendant makes no contention that the Davidson Campus Police attempt to proselytize or enforce any private or religious rules, or that her arrest was religiously motivated. Similarly, defendant makes no claims that the campus police infringe on students\u2019or town residents\u2019 religious liberties. The campus police merely enforce secular law \u2014 nothing more, nothing less.\nNext, the delegation of governmental power here is limited by an \u201c \u2018effective means of guaranteeing\u2019 that the delegated power \u2018will be used exclusively for secular, neutral, and nonideological purposes.\u2019 \u201d Larkin, 459 U.S. at 125, 103 S. Ct. at 511 (quoting Comm. for Pub. Educ., 413 U.S. at 780, 93 S. Ct. at 2969). As outlined above, the Campus Police Act establishes numerous clear and comprehensive standards that constrain the authority of campus police officers. These officers are permitted only to enforce secular law, not campus policies or religious rules. See N.C.G.S. \u00a7 74G-6(b). Further, the Attorney General may revoke a campus police agency\u2019s certification or a campus officer\u2019s commission for failure to comply with the requirements of the Act. N.C.G.S. \u00a7 74G-4. Having seen no evidence to the contrary, we may assume that the Davidson College Campus Police act in good faith in their exercise of the statutory power. See Larkin, 459 U.S. at 125, 103 S. Ct. at 511 (citing Lemon, 403 U.S. at 618-19, 91 S. Ct. at 2114); see also Agostini, 521 U.S. at 223-24, 117 S. Ct. at 2010-11; Roemer, 426 U.S. at 760, 96 S. Ct. at 2351; Tilton, 403 U.S. at 679-80, 91 S. Ct. at 2096.\nFinally, we consider whether the statutory delegation results in \u201can \u2018excessive\u2019 entanglement that advances or inhibits religion.\u201d Agostini, 521 U.S. at 233, 117 S. Ct. at 2015. Having reviewed Davidson\u2019s institutional characteristics \u2014 its secular purpose, faculty, students, curriculum, and management \u2014 it is clear that religion is not \u201cso pervasive that a substantial portion of its functions are subsumed in the religious mission.\u201d Hunt, 413 U.S. at 743, 93 S. Ct. at 2874; see also Agostini, 521 U.S. at 232, 117 S. Ct. at 2015. Because campus police officers\u2019 enforcement of the secular law is statutorily separated from the school\u2019s religious affiliation, there is little danger that the governmental benefit will accrue to religious rather than secular activities. See Hunt, 413 U.S. at 743-44, 93 S. Ct. at 2874-75; see also Lemon, 403 U.S. at 618, 91 S. Ct. at 2114 (declining to assume \u201cbad faith or any conscious design to evade the limitations imposed by the statute and the First Amendment\u201d in the absence of evidence otherwise).\nWhile Davidson has historical ties to the PC-USA, the College pursues the predominant purpose of secular education. The potential influence of the PC-USA over the College is minimal, as the Church does not run or control the College and has no role in management or policy decisions. See Hunt, 413 U.S. at 742-45, 93 S. Ct. at 2874-75 (finding that a Baptist-affiliated college was not \u201cpervasively sectarian\u201d even though the school\u2019s trustees were elected by the South Carolina Baptist Convention and the Convention\u2019s approval was required for certain financial transactions). The religious beliefs held by members of the Davidson College board of trustees, president, and dean of students do not demonstrate \u2014 or even suggest \u2014 that the PC-USA controls their roles in directing the school\u2019s policies and practices. Although the dean of students serves in a supervisory capacity over the campus chief of police, the chief and departmental police officers exercise their authority consistent with \u201cstandards established by the law of this State and the United States.\u201d N.C.G.S. \u00a7 74G-6(b). Because defendant has failed to argue here or present any evidence in the trial court to the contrary, we decline to assume that the trustees, the dean of students, and the chief perform their duties in any manner other than good faith compliance with the Campus Police Act and the First Amendment. See Lemon, 403 U.S. at 618, 91 S. Ct. at 2114. Accordingly, the statutory provision of police protection for the students, faculty, and staff at Davidson, an educational institution with the primary purpose of secular education, does not result in excessive entanglement between church and state.\nThe United States Supreme Court\u2019s decision in Hunt v. McNair is instructive in the present case. While Hunt involved the grant of aid to secure funding for educational buildings at a religiously affiliated institution of higher education, the Baptist College at Charleston, the parallels are significant. See 413 U.S. at 741-42, 93 S. Ct. at 2873-74. As is the case here, the government benefit in Hunt had a secular purpose and was available to both religiously and nonreligiously affiliated institutions. Id. Also analogous to the instant case, the Supreme Court declined to find that the educational institution\u2019s purpose was predominantly religious, despite its observations that the members of the College\u2019s board of trustees were elected exclusively by the South Carolina Baptist Convention, certain financial transactions required approval by the South Carolina Baptist Convention, and the College\u2019s charter could be amended only by the South Carolina Baptist Convention. Id. at 743-44, 93 S. Ct. at 2874. Important to this conclusion was the absence of religious qualifications for faculty appointments or student admissions. Id. (noting that nearly sixty percent of the College\u2019s students were Baptist). The Court therefore concluded that the primary purpose of the College was secular education and that the grant of aid would benefit the secular, rather than the religious, activities of the College. Id. at 744-45, 93 S. Ct. at 2874-75. The Court also held that there was not excessive entanglement between church and state because the College was not \u201can instrument of religious indoctrination,\u201d id. at 746, 93 S. Ct. at 2876, and the government would not become deeply involved in the day-today decisionmaking of the College under the statutory scheme, id. at 747-49, 93 S. Ct. at 2876-77; see id. at 746, 93 S. Ct. at 2875 (\u201c[T]he degree of entanglement arising from inspection of facilities as to us\u00e9 varies in large measure with the extent to which religion permeates the institution.\u201d).\nAs in Hunt, the secular educational purpose predominates at Davidson, and the governmental benefit neutrally advances the purpose of police protection for the campus community. Because the campus police agency benefits Davidson\u2019s secular rather than religious activities, this case does not give rise to excessive entanglement or have the primary effect of advancing or inhibiting religion. See id. at 742-45, 93 S. Ct. at 2874-75. Notably, the PC-USA exercises significantly less control over Davidson College than the South Carolina Baptist Convention exercised over the Baptist College at Charleston. The State\u2019s supervisory role over the police agency does not interfere with the day-to-day decisionmaking of Davidson, while it ensures that the officers\u2019 power is used to further Davidson\u2019s secular educational purpose. See id. at 745-49, 93 S. Ct. at 2875-77.\nDefendant contends that the Campus Police Act is an unconstitutional delegation of governmental authority to a religious institution. See Larkin, 459 U.S. 116, 103 S. Ct. 505. In Larkin, a state statute gave churches absolute veto power over liquor licensing, resulting in excessive entanglement between church and state. Id. at 117, 130, 103 S. Ct. at 507, 514. The Supreme Court determined that the statute unconstitutionally \u201csubstitute[d] the unilateral and absolute power of a church for the reasoned decisionmaking of a public legislative body acting on evidence and guided by standards, on issues with significant economic and political implications.\u201d Id. at 127, 103 S. Ct. at 512. In other words, the statutory delegation of power to the churches was \u201cstandardless, calling for no reasons, findings, or reasoned conclusions.\u201d Id. at 125, 103 S. Ct. at 511. For that reason, \u201c[t]hat power may therefore [have] be[en] used by churches to. promote goals beyond insulating the church from undesirable neighbors; it could [have] be[en] employed for explicitly religious goals, for example, favoring liquor licenses for members of that congregation or adherents of that faith.\u201d Id. at 125, 103 S. Ct. at 511. Because Davidson College is not \u201cpredominantly religious\u201d\u2014let alone a religious authority \u2014 the delegation of power here bears little resemblance to that in Larkin. These cases are further differentiated in that the statute here does not delegate absolute police power to Davidson College. Rather, the statute certifies Davidson College\u2019s campus police as a campus police agency under the secular law of North Carolina. See N.C.G.S. \u00a7 74G-2. The statute grants only limited supervisory powers to Davidson College, while ultimate control of the police power \u2014 which the individual officers alone exercise \u2014 remains in the hands of the State. See id. \u00a7 74G-4. Thus, this is not a case in which a statute delegates unbridled discretionary governmental powers to a religious organization. The delegation of limited power to campus police officers here \u201cdoes not result in an \u2018excessive\u2019 entanglement that advances or inhibits religion.\u201d Agostini, 521 U.S. at 233, 117 S. Ct. at 2015; Larkin, 459 U.S. at 127, 103 S. Ct. at 512.\nThe Campus Police Act\u2019s provision of secular, neutral, and non-ideological police protection for the benefit of the students, faculty, and staff of Davidson College, as applied to defendant\u2019s conviction for driving while impaired, does not offend the Establishment Clause of the First Amendment to the United States Constitution. Defendant has failed to demonstrate that her arrest and conviction for driving while impaired were influenced by any consideration other than secular enforcement of a criminal statute, N.C.G.S. \u00a7 20-138.1. Accordingly, we reverse the decision of the Court of Appeals.\nREVERSED.\n. More recently, there has been some question as to the continued applicability of the pervasively sectarian analysis. See Mitchell v. Helms, 530 U.S. 793, 826, 827, 829, 120 S. Ct. 2530, 2550-52 (2000) (plurality opinion) (\u201c[T]here was a period when [the pervasively sectarian nature of a benefit recipient] mattered .... But that period ... is thankfully long past. . . . [T]he religious nature of a recipient should not matter to the constitutional analysis, so long as the recipient adequately furthers the government\u2019s secular purpose. . . . [NJothing in the Establishment Clause requires the exclusion of pervasively sectarian schools from otherwise permissible aid programs, and other doctrines of this Court bar it.\u201d).\n. The statement of purpose, in relevant part, provides as follows:\nSince its founding, the ties that bind the college to its Presbyterian heritage, including the historic understanding of Christian faith called The Reformed Tradition, have remained close and strong. The college is committed to continuing this vital relationship.\nThe primary purpose of Davidson College is to assist students in developing humane instincts and disciplined and creative minds for lives of leadership and service. .. .\nThe Christian tradition to which Davidson remains committed recognizes God as the source of all truth, and believes that Jesus Christ is the revelation of that God, a God bound by no church or creed. The loyalty of the college thus extends beyond the Christian community to the whole of humanity and necessarily includes openness to and respect for the world\u2019s various religious traditions.\n. Three statutes authorizing certified police agencies will be referenced in this opinion: Chapters 74A, 74E, and 74G. The police agency in Pendleton was authorized under the Chapter 74A Company Police Act. In Pendleton this Court found Chapter 74A unconstitutional as applied. 339 N.C. at 390, 451 S.E.2d at 281. In 1992 the General Assembly repealed Chapter 74A and enacted Chapter 74E. Under Chapter 74E, all police agencies certified under Chapter 74A were converted to certifications under Chapter 74E. Act of July 25, 1992, ch. 1043, sec. 9, 1991 N.C. Sess. Laws (Reg. Sess. 1992) 1150, 1158. In 2005 the General Assembly enacted Chapter 74G to provide police protection in the specific context of institutions of higher education. N.C.G.S. \u00a7 74G-2. At the time of defendant\u2019s arrest, the Davidson College Campus Police agency was certified under Chapter 74G.", "type": "majority", "author": "MARTIN, Justice." } ], "attorneys": [ "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\u2019 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." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. JULIE ANNE YENCER\nNo. 365PA10\n(Filed 10 November 2011)\nConstitutional Law\u2014 Establishment Clause \u2014 Campus Police Act \u2014 no excessive entanglement \u2014 motion to suppress properly denied\nThe trial court did not err in a driving while impaired case by denying defendant\u2019s motion to suppress. Applying the test enumerated in Lemon v. Kurtzman, 403 U.S. 602, the Supreme Court concluded that the Campus Police Act\u2019s provision of secular, neutral, and nonideological police protection for the benefit of the students, faculty, and staff of Davidson College, as applied to defendant\u2019s conviction for driving while impaired, did not offend the Establishment Clause of the First Amendment to the United States Constitution. Defendant failed to demonstrate that her arrest and conviction for driving while impaired were influenced by any consideration other than secular enforcement of a criminal statute, N.C.G.S. \u00a7 20-138.1.\nOn discretionary review pursuant to N.C.G.S. \u00a7 7A-31 and on appeal of right of a constitutional question pursuant to N.C.G.S. \u00a7 7A-30(1) to review a unanimous decision of the Court of Appeals, -N.C. App.-, 696 S.E.2d 875 (2010), reversing an amended order denying defendant\u2019s motion to suppress entered on 29 May 2007 by Judge W. Robert Bell and a judgment entered on 1 August 2008 by Judge Jesse B. Caldwell, III, both in Superior Court, Mecklenburg County. On 7 October 2010, the Supreme Court allowed defendant\u2019s conditional petition for discretionary review as to an additional issue. Heard in the Supreme Court 15 March 2011.\nRoy Cooper, Attorney General, by Amy Kunstling Irene and Tamara Zmuda, Assistant Attorneys General, for the State-appellant.\nKnox, Brotherton, Knox & Godfrey, by Allen C. Brotherton, for defendant-appellee.\nGoldsmith, Goldsmith & Dews, P.A., by C. Frank Goldsmith, Jr., for North Carolina Advocates for Justice, amicus curiae.\nPoyner 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\u2019 Association, Inc.; and Kochanek Law Group, by Colleen Kochanek, for North Carolina Association of Chiefs of Police, amici curiae.\nPoyner Spruill LLP, by Thomas R. West and Pamela A. Scott, for North Carolina Independent Colleges and Universities, Inc., amicus curiae.\nRichard L. Hattendorf General Counsel, and Bailey & Dixon, LLP, by Jeffrey P. Gray, for State Lodge, Fraternal Order of Police, amicus curiae.\nMcGuireWoods, LLP, by Bradley R. Kutrow, for Trustees of Davidson College, amicus curiae." }, "file_name": "0292-01", "first_page_order": 330, "last_page_order": 342 }