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STATE v. THOMPSON

No. 87.

252 S.E.2d 776 (1979)

296 N.C. 703

STATE of North Carolina v. Howard Keith THOMPSON, Jimmie Dale Hardee.

Supreme Court of North Carolina.

March 16, 1979.

Attorney(s) appearing for the Case

Coleman, Bernholz & Dickerson by Steven A. Bernholz and Patricia Stanford Hunt, Chapel Hill, for defendant-appellant Thompson.

Burney, Burney, Barefoot & Bain by Roy C. Bain, Wilmington, for defendant-appellant Hardee.

Atty. Gen., Rufus L. Edmisten by Lucien Capone, III, Associate Atty. Gen., Raleigh, for the State.

BROCK, Justice.

We observe first that it is problematic whether the officers' conduct in this instance constituted a "seizure", thus invoking the protection of the Fourth Amendment. "`No one is protected by the Constitution against the mere approach of police officers in a public place.' United States v. Hill, 340 F.Supp. 344 (E.D.Pa.1972)." State v. Streeter, 283 N.C. 203, 208,

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