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MOORE v. EVANS

No. COA95-862.

476 S.E.2d 415 (1996)

Franklin Allen MOORE, Plaintiff, v. T.H. EVANS, individually and in his official capacity as Police Officer in the Ayden, North Carolina Police Department, and Roger Paul, in his official capacity as Chief of Police of the Ayden, North Carolina Police Department and City of Ayden, North Carolina, et al., Defendants.

Court of Appeals of North Carolina.

October 15, 1996.

Attorney(s) appearing for the Case

Steven M. Fisher and Mark A. Ward, Greenville, for plaintiff-appellee.

Ward and Smith, P.A. by Kenneth R. Wooten and Cheryl A. Marteney, New Bern, for defendants-appellants T.H. Evans and Roger Paul.

JOHNSON, Judge.

On 15 May 1993, Officers K.S. Stewart and T.H. Evans (defendant Evans) of the Ayden Police Department responded to a call regarding a possible breaking and entering at 205 Edge Road in Ayden, North Carolina. Upon arriving at the Edge Road address, Officer Stewart searched the surrounding area and discovered stereo speakers and other household items in the backyard of the residence, behind a fence. At the same time, Officer Evans spoke with Mable Sumpter...

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