¶1Roy Cooper, Attorney General, by Robert M. Curran, Assistant Attorney General, for the State-appellant.
¶2Marjorie S. Canaday, Amelia Island, FL, for defendant-appellee.
¶3Smith Moore LLP, by Julia F. Youngman, Raleigh, on behalf of the American Civil Liberties Union of North Carolina Legal Foundation, amicus curiae.
¶5The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion.
¶6REVERSED.