⚖️ The criminal/civil dichotomy
Not everything is criminal, some things are civil matters and I need to be able to distinguish between the two.
🚩 Critical Path: Has a crime occurred? This is one of the first things I need to ask myself in determining courses of action.
🤔 Playing an advisory role
If someone comes to me with a civil problem, I can advise them on where to go for redress.
📄 Protection orders
If someone tells me that a person has violated a PO but I don’t have PC that this happened, I can advise them to seek to have that person held in contempt.
However, if I have PC that a PO was violated, I must make an arrest. Even if the PO was issued from another state or from tribal land, it shall be treated as though it were issued from a NC court. I can take a copy of the PO that is presented to me and testimony that the PO is still valid as valid and actionable.
🆘 A victim of DV requests emergency help
If I receive a request for service from someone claiming to be a victim of DV, I am required by law to assist them ASAP. I can take whatever steps are necessary to protect them. For example, I can:
- Transport them to the Magistrate to take legal action
- Transport them to a hospital
- Accompany them to their residence in order to get food, clothing, medication, and the personal property that they or their minor children might require for the interim.
Note that without a court order, these essentials are all that they can take right now.
🚼 Child custody
I have no right to take custody of a child from one parent and give to another unless I have a court order specifically directing LE to do so accompanied by a warrant doing the same.
For out of state court orders, I have to have a _ from a NC court legitimating the order to take custody.
The ordinary remedy for violating a child- custody determination is a civil contempt proceeding
🛻 Repossessions
Are only legal in NC if they are accomplished without a ‘breach of peace.
If un-peaceful, require force, or include objections…it’s not legal and must stop and be resolved via court action.
My role in these matters is to keep the peace. I cannot assist the re-possessor/lender or the borrower and since officer presence is the first phase of force, I need to make sure my actions can’t be misconstrued as enforcing the position of one party.
Re-possessors must allow borrowers to recover personal property not covered under the lien otherwise they are subject to civil action.
🔧 Vehicle repair disputes
Mechanic may keep possession of the vehicle until the contracted amount is paid.
LE cannot assist in these matters unless there is a criminal act.
The owner can:
- File an action to have disputed amount determined
- Apply for an order to have vehicle released
The mechanic can:
- Apply for a mechanic’s lien with the DMV
🏠 Evictions
Landlords cannot force tenants out of their homes without going to court. Cannot change locks, turn off utilities, or remove doors.
Tenants must be evicted while guests (and squatters) who refuse to leave property may be removed by LE or through a trespass warrant.
🏨 Hotel/motel evictions
Guests can be removed, tenants must be evicted.
Hotel employees can prevent guests from re-entry; pack up and remove/give guests their stuff.