Smith v. Harris

JACKSON, Judge.

On 23 April 2002, Gary Anderson Smith (“plaintiff’), an employee of the North Carolina Highway Patrol, was on patrol on U.S. 17 in Pasquotank County, North Carolina. Plaintiff observed Brian Harris (“Harris”) driving and not wearing a seatbelt. Plaintiff stopped the vehicle and asked Harris for his driver’s license and registration. Harris produced the materials, and plaintiff returned to his patrol car to check the status of Harris’ driving privilege. After learning that Harris’ driving privilege had been suspended, plaintiff returned to Harris’ vehicle and asked Harris to get…