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EX PARTE KENNEDY

84-1259.

486 So.2d 493 (1986)

Ex parte Mary Alice KENNEDY. (Re: Mary Alice Kennedy v. State).

Supreme Court of Alabama.

February 14, 1986.

Attorney(s) appearing for the Case

Jeffery C. Duffey and Margaret L. Givhan, Montgomery, for petitioner.

Charles A. Graddick, Atty. Gen. and James B. Prude, Asst. Atty. Gen., for respondent.

Prior Report: 486 So.2d 490.

PER CURIAM.

The issue presented is one of first impression in Alabama: whether an off-duty police officer working as a part-time pest exterminator acts in a private capacity when he recognizes and seizes marijuana in a private residence.

Herman Corley is a Montgomery city police officer who, during off-duty hours, works as an exterminator for a pest control service. He was assigned...

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