<C 2 :::;

o 0:: <C U

l: .... 0:: o 2

L&.. o LIJ .... <C .... CI)

aJ C U 0 '~ 'Vi Vl'::l,~ ,0

"-1: o ::l +-'0

:SU

o 'U,o _ ·c

CIl aJ L.. Q. aJ ::l

[i3U1 19t3

aJ'C ..c+-'

f-: ,~

cO

z-

C :J o U

+-' C CIl L.. L.. CIl

$

..c u L.. CIl aJ U1 Vl

£

+-'

E

'0 aJ N 'C o ..c +-' ::l CIl

..c u L.. co aJ Vl

aJ

fj

t:)

::l "0 C o u

o

....

aJ ..c +-'

c

'0 aJ o>..c .o+-' ·c c U Vl"O 0> aJ '0.0 C 'C o u Vl Vl '- aJ 0>"0 Q.Vl

'0 co C"O co aJ >-,+-'

1: B 8_.Q

OVl

Ci. '~

~ ,~

........

.... u co CIl .c,,.... 0

~ c Cl) ,Q _ Vl

Cl) Vl .0 ,_

o E ~ E

1X 8

::J aJ

13£

Cl) 0 j5+-' co'O .0 aJ

e~ Q.a:;

Vl .... ,_ '0

Cl) C Ci::i CIl .co> .j.J "0

~ "(j1

.caJ .j.J Vl

....

DO> C > li=aJ

....

DaJ Cl)..c c+-' ,Q1 c Vl 0

Q; C· C '000

§'~ '~

Cl),~ ,~ £ a.. a..

Q. Q. - CIl CO

c o '~ u

'6

Vl :c ::l '-, "0 C ro

~

'c o ..c +-' ::l CIl

..c +-'

'~

<u

u

E

o

>.. c

'CIl

~

Vl

£

+-'

C o

'0 0> +-' CO u

'6

c

aJ

E '';:;

aJ ..c +-'

E

o .t:

Vl '-

::l o ..c

CO :!..

+-'

..c

0> 'w .....;

, ....

>"::l 1: 0

.2U c g>

2 '~

3..!:!:!

+-' 0> C..c CIl+-' t:,,CIl 0

$~ ..c~ ~u

~~

U1+-'

Vl 0 £+-' +-' C aJ .... +-' ::J ::l+-'

U ~ aJ 0> X ::l aJ'O

o 0> +-'.:;,::.

"0 CIl

2 E

U"O ~ c '6 CO aJ+-' .... C

CIl e

::l .... o CIl

>-$

c

3

o ..c Vl

00

":0:

c o

~

0> 0..

0> ..c +-'

E

.c +-' CO o

00

....

0> "0 C ::l

'0 aJ ..c Vl

'c

....

.2

c o '';:; CIl

E

....

.2

c

c o Q.

::l "0 aJ ::l Vl ,~

Vl

+-' C CIl

.... ....

CIl

$

.c u

..... ',.{Q

~

Vl

£ f-:

"0 aJ

, "0

C CO

E E o u

Vl CO

"0 aJ .c u CIl +-' ' +-' CIl

aJ ..c +-'

c o

"0 aJ +-' Vl

~

CO

aJ N aJ '0:;

-5 z- ~

"0 0 0

g] c c '0:; aJ

Vl >

_ ,S

Vl

E

aJ ,~

Vl

E

aJ ,~

@. 0 0

DO

3

o a:; .0 C

~

.c Vl

aJ

E '';:;

'0 C CIl

QJ .....,

CO '0

aJ .c .....,

c o

0>

E o

.....,

"0 0> C .... ::l +-' 0>

....

Vl CO

3

+-'

,C

CIl .... 'CIl

$

.c u

....

CIl 0> (/)

Vl

£ f-:

L

o

V'I :J ~ III ~ 0. ::J 0. r""1' ;::1: ro 0' ~::J

~~i' 8

o ..... ::J ::J' ':<ro (Q III

<' 3

ro 0. ::J III

<

~;::;:

S' Q. c 0. ro 0.

III 0' o < ro

o

III - o.::J

0. III ;=;: 0. _, 0. o _, ::J !:!, III 0 -::J

III .....

30

0. ..... III ::J' < ro G' III

3

III 0.

~~

o ;::;: ::J' _, ro ::J 0.Q.

C :3 0. III ro 0.0. ro III 0'0'

'<~

ro

o

C/)

:E o ;tI z

l> z C C/) C txI C/)

o ;tI

ii5

I'T1 C

-I o txI I'T1 .." o ;tI I'T1

s:

I'T1

i

/

""I ..... ""I ::J'

~ ro MQ:

0' :;;,

::J (Q

rl o

"0

""I

o 0' III 0' co

o III c V'I ro __" o ""I

rl ::J' ro

» "'C "'C

c o » ~ o Z

." o ;:0

tJ) ITI » ;:0

o J:

~ » ;:0 ;:0

» z ---t

Continuation page. attached to SEARCH WARRANT APPLICATION of Detective-Matt Dodson, UNC Chapel Hill Police Department; Chapel Hill, North Carolina dated 11 April 2010 to search the Person of David James Kerr, White male D,O,B. 10108/1970.

Description of EVIDENCE to be SEIZED:

1. Pubic Hair combings.

2. Pulled Pubic Hairs.

3. Pulled Head Hairs.

4. Known Blood Sample.

5. Known Cheek Scraping.

The aforementioned are fruits, evidence or instrumentalities of Second-Degree Forcible Rape as defined under NCGS § 14-27.3.

This warrant is for the search of the listed property and the seizure of the above described computer data and for the authorization of the State Bureau of Investigation to provide testing of the substances listed under Description of Property to be Searched.

Description of CRIMES:

NC GS § 14-27.3 known as Second-Degree Forcible Rape makes it unlawful for a person to engage in Vaginal Intercourse with another person by force and against the will of the other person.

Description of PROPERTY to be SEARCHEr?:

1. The Person of David James Kerr White Male D.O. B. 10108/1970.

Judicial Official

April 11, 2010

April 11, 2010

Continuation page. attached to SEARCH WARRANT APPLICATION of Detective Matt Dodson, UNC Chapel Hill Police Department; Chapel Hill, North Carolina dated 11 April 2010 to search the Person of David James Kerr, White male D.O.B. 10108/1970.

PROBABLE CAUSE AFFIDAVIT:

Paragraph #1

That Matthew B. Dodson, hereinafter referred to as Affiant, is a sworn law enforcement officer, and as such is authorized to investigate crimes involving Second-Degree forcible rape under North Carolina General Statutes (NCGS), §14-27.3

Paragraph #2

Affiant is currently employed by the University of North Carolina - Chapel Hill Police Department as a Detective in the Criminal Investigative Division. Affiant has served the department in that capacity since Oct 11th, 2004. Affiant has also served as a Patrol Officer with the University of North Carolina- Chapel Hill Police Department beginning on Jan 09th 2001.

Paragraph #3

Affiant is a graduate of the Police Law Institute by the State of North Carolina. Applicant has attended numerous specialized training courses in relation to Criminal Investigations through the North Carolina Justice academy and is currently enrolled in the Criminal Investigators Certificate Program through the Justice Academy, having completed 308 of the required 500 hrs .

. Paragraph #4

Affiant is investigating the crime of Second-Degree Forcible Rape that occurred on Sunday, 04/11/2010. As will be shown below, there is probable cause to believe that evidence sought will establish evidence in the violation of the aforementioned North Carolina General Statutes. Your Affiant is submitting this affidavit in support of a search warrant authorizing a search of the subject property, and is more particularly described in "PROPERTY to be SEARCHED" for the items specified in "EVIDE~CE to be SEIZED" hereto, which items constitute

instrumentalities, fruits, and evidence of the foregoing vio!ations. /

~~

Affia '

Judicial Official

April 11,2010

April 11,2010

Continuation paqe.attached to SEARCH WARRANT APPLICATION of Detective Matt Dodson, UNC Chapel Hill Police Department; Chapel Hill, North Carolina dated 11 April 2010 to search the Person of David James Kerr, White male D.O.B. 10108/1970.

Paragraph #5

That on Sunday 11th, April 2010 the victim reported to the UNC-CH Police Department that she had been raped. The victim stated that she had been at the Carolina Inn and met an employee of Alvin Ailey Dance productions, victim was unsure of his name. Victim stated that she had gotten into an argument with her friend and left the room that she was staying in. Victim stated that when she left the room she went outside where she met the employee. Victim stated that she was extremely intoxicated and did not have anywhere else to go. The man invited her to his room so that she could have a safe place to stay. Victim stated that once she got into the room the man forcibly removed her pants and threw her on to the bed. Victim stated that the man then penetrated her vaginally and began to have sex with her by force and against her will. Victim stated that she repeatedly told the man "NO" and "TO STOP". Victim stated that after a few moments the man stopped in order to put on a condom. Victim was able to exit the room at this time, but advised that she left behind her purse and a gift bag.

Paragraph #6

On Sunday 11th, 2010 Affiant and Officer T. Goad proceeded to the Carolina Inn

and met with Day Shift Manager Laurie Alston. Ms. Alston would not release the names of the members of the Alvin Ailey production company or their room locations. Ms. Alston told Affiant that the production company did have a performance going on at that time in Memorial Hall on the UNC-CH Campus.

Paragraph #7

On 11, April 2010 Affiant and Officer T. Goad went to Memorial Hall and spoke with the stage

. hand supervisor Edward Corrigan. Affiant advised Mr. Corrigan that he was investigating a sexual assault and asked if he could help him identify the employee that may have been involved. Mr. Corrigan advised Affiant that he was aware of a situation in which one of his employees had been involved with a female that left her bag in his room. Mr. Corrigan then introduced Affiant to David James Kerr.

Paragraph #8-

On 11, April 11, 2010 Affiant interviewed Mr. Kerr at which time he admitted to having sexual intercourse with the victim. Mr. Kerr also stated that he had taking the victim's purse to the front desk and dropped it off for her.

Based on these facts, Affiant believes that there is probable cause to believe that evidence of Second Degree Forcible Rape can be located in the aforementioned location.

Judicial Official

April 11, 2010

April 11, 2010

STATE OF NORTH CAROLINA

~FileNo.

Orange

County

In The General Court Of Justice o District 0 Superior Court Division

IN THE MATTER OF:

INVENTORY OF ITEMS SEIZED PURSUANT TO SEARCH

G.S. 15A-223, 15A-254. -257

Name

David James Kerr

I, the undersigned officer, executed a search of:

Person, Premises Or Vehicle Searched Date Of Search

David James Kerr, White Male D.O.B. 10/0811970. The search was conducted by a qualified Medical 04-11-2010

Professional, Shanna Montrose RN, CNE, CCRN, SANE-A.

This search was made pursuant to

1iJ1. a search warrant issued by: Tony Oakley, Orange County Magistrate. o 2. consent to search given by:

---------------------------------------------------------------

o 3. other legal justification for the search: _

The following items were seized:

1. Pubic Hair Combings

2. Pulled Pubic Hairs

3. Pulled Head Hairs

4. Known Blood Sample

5. Known Cheek Scraping

AOC-CR-206, Rev. 5/98

© 1998 Administrative Office of the Courts

(Over)

Original - File Copy - Person Whose Property Seized

Items Seized Continued:

D 1. I left a copy of this inventory with the person named below, who is:

D a. the owner of the premises searched. D b. the owner of the vehicle searched.

D c. the person in apparent control of the premises searched. D d. the person in apparent control of the vehicle searched. D e. the person from whom the items were taken.

D 2. As no person was present, I left a copy of this inventory:

D a. in the premises searched, identified on the reverse. D b. in the vehicle searched, identified on the reverse.

Name And Address Of Person To Whom A Copy Of This Inventory Was Delivered, If Any

The law enforcement agency identified below will hold the seized property subject to court order.

Date

~ , " "', • • .~" ~ :, ~ J \r ,A

:. - ",. ~ - ",-' ,-",: '

I, the undersigned, received a copy of this inventory.

Date

AOC-CR-206, Side Two, Rev. 5/98

© 1998 Administrative Office of the Courts