State v. Cooper

I disagree with the majority’s conclusion that defendant raised, preserved and correctly assigned as error the issue of whether or not Officer Brooks was an “officer or employee” of the state. Even if I agreed with the majority on this threshold matter, however, I cannot accept the majority’s holding that, as a matter of law, a city police officer cannot be designated as an “officer or employee” of the state, because that holding completely ignores the purpose of the rule. For these reasons, I must dissent.

The majority disposes of this case on the issue of whether a city police officer may be…