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Category: Movies torrents) (1988). That duty included the duty to determine "in a reasonably prudent manner, whether the suspected individual has or is about to engage in criminal activity," Allen, 106 N.C.App. at 772, 417 S.E.2d at 23; and its duty "to make a forcible stop of the suspected violator if, during the course of the questioning, facts are discovered which give probable cause to arrest him." Id. Regardless of the reasoning employed, the failure to make an arrest is an "egregious error" which may justify a finding of negligence. Id. at 773, 417 S.E.2d at 24.
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The district court properly granted summary judgment in favor of the defendant as to the plaintiff's false arrest claim. As discussed above, the officers were lawfully present and lawfully observed the apparent drug transaction between LaFave and Sherrill. Because they saw a felony taking place in their presence and that offense occurred, i.e., an attempted transaction, the officers had the legal right to make an arrest and the fact that the arrest was effected by a warrantless detention "is irrelevant to the existence of probable cause to make an arrest." Foster v. Durham City, N.C., 78 F.3d 137, 140 (4th Cir.1996) (citations omitted). In addition, the actions of the officers were justified in order to prevent the commission of a felony.
13
As to the state law claims against the individual officers, the district court granted summary judgment on the basis that they had probable cause to arrest the plaintiff. The North Carolina Supreme Court stated in Smith v. Brookshire, 262 N.C. 16, 136 S.E.2d 205 (1964), that "officers have the right to make an arrest for a misdemeanor or felony committed in their presence, and to use reasonable force to effect an arrest." Id. at 18, 136 S.E.2d at 206. The officers' testimony that they believed that the observed transaction was a felony was not controverted. While Smith involved a misdemeanor arrest, the statements made by the officers in this case with respect to the legality of the attempted transaction were within their zone of official responsibility. As the district court correctly concluded, because the officers "had 0b46394aab
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