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Old 11-19-2015, 10:05 AM
 
Location: Downtown Raleigh
1,619 posts, read 2,898,800 times
Reputation: 2032

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15A-304. Warrant for arrest.
(a) Definition. - A warrant for arrest consists of a statement of the crime of which the person to be arrested is accused, and an order directing that the person so accused be arrested and held to answer to the charges made against him. It is based upon a showing of probable cause supported by oath or affirmation.
(b) When Issued. - A warrant for arrest may be issued, instead of or subsequent to a criminal summons, when it appears to the judicial official that the person named should be taken into custody. Circumstances to be considered in determining whether the person should be taken into custody may include, but are not limited to, failure to appear when previously summoned, facts making it apparent that a person summoned will fail to appear, danger that the person accused will escape, danger that there may be injury to person or property, or the seriousness of the offense.
(c) Statement of the Crime. - The warrant must contain a statement of the crime of which the person to be arrested is accused. No warrant for arrest, nor any arrest made pursuant thereto, is invalid because of any technicality of pleading if the statement is sufficient to identify the crime.
(d) Showing of Probable Cause. - A judicial official may issue a warrant for arrest only when he is supplied with sufficient information, supported by oath or affirmation, to make an independent judgment that there is probable cause to believe that a crime has been committed and that the person to be arrested committed it. The information must be shown by one or more of the following:
(1) Affidavit;
(2) Oral testimony under oath or affirmation before the issuing official; or
(3) Oral testimony under oath or affirmation presented by a sworn law enforcement officer to the issuing official by means of an audio and video transmission in which both parties can see and hear each other. Prior to the use of audio and video transmission pursuant to this subdivision, the procedures and type of equipment for audio and video transmission shall be submitted to the Administrative Office of the Courts by the senior regular resident superior court judge and the chief district court judge for a judicial district or set of districts and approved by the Administrative Office of the Courts.
If the information is insufficient to show probable cause, the warrant may not be issued. A judicial official shall not refuse to issue a warrant for the arrest of a person solely because a prior warrant has been issued for the arrest of another person involved in the same matter.
(e) Order for Arrest. - The order for arrest must direct that a law-enforcement officer take the defendant into custody and bring him without unnecessary delay before a judicial official to answer to the charges made against him.
(f) Who May Issue. - A warrant for arrest, valid throughout the State, may be issued by:
(1) A Justice of the Supreme Court.
(2) A judge of the Court of Appeals.
(3) A judge of the superior court.
(4) A judge of the district court, as provided in G.S. 7A-291.
(5) A clerk, as provided in G.S. 7A-180 and 7A-181.
(6) A magistrate, as provided in G.S. 7A-273. (1868-9, c. 178, subch. 3, ss. 1-3; Code, ss. 1132-1134; 1901, c. 668; Rev., ss. 3156-3158; C.S., ss. 4522-4524; 1955, c. 332; 1969, c. 44, s. 27; c. 1062, s. 1; 1973, c. 1286, s. 1; 1997-268, s. 2; 2004-186, s. 15.1.)
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Old 11-19-2015, 10:15 AM
 
166 posts, read 113,196 times
Reputation: 273
Quote:
Originally Posted by roscomac View Post
14-196.3. Cyberstalking.
You don't have to try convince me the arrest shouldn't have happened, I was already convinced of that before I started the thread. Pasting in laws doesn't help with the problems I've presented in my earlier post.

As a prior link that I posted points out, this has happened before. Read the interactions with the attorney there.
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Old 11-19-2015, 10:24 AM
 
Location: Sodo Sopa at The Villas above Kenny' s House.
2,492 posts, read 2,210,479 times
Reputation: 3859
Quote:
Originally Posted by NYC2RDU View Post
Huh? What jobs pay "nothing"? And I'm assuming you're referring to new construction when speaking of "matchstick built housing", that's just new construction anywhere, not just here.

And OP, how did the accuser know where the accused lived/worked?
The first part was slightly in jest. Your a regular poster so I'm somewhat perplexed that you didn't recognize a very common sentiment posted on here almost daily. I knew I should of thrown in lack of diners,pizza,bagels,taters and ranch. Sound familiar? My response was more geared to the OP' s indirect threat of not moving to NC due to our legal shakedown system.

But back to the main issues. I agree that unstable people often do radical things and have unrealistic expectations for making right the ways in which they perceive they have been wronged. I've been a victim of that mindset,so I get the frusteration in defending oneself. But ...... There had to be some part of that law in which your friend clearly violated for actual charges to be brought. It may be that your companies guidelines don't adhere to federal or state ones. I'm no expert on those. If by chance he is an unfortunately rare statistic( you found one case which honestly to me qualifies this as a pretty limited practice) it has less to do with living in NC and more likely the result of a personal error or a procedural misunderstanding of the guidelines by his employer. That could happen anywhere USA.
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Old 11-19-2015, 10:31 AM
 
Location: Downtown Raleigh
1,619 posts, read 2,898,800 times
Reputation: 2032
We don't have any idea what actually happened in either case. All we have is a hearsay story and an anonymous post on a website.

My point was that you didn't like for your co-worker to be treated like a criminal online when there is no evidence that he did anything wrong, yet you're doing the same thing to North Carolina cyberstalking laws and prosecution.

Your original question was:
Why would something like this appen in the Triangle area specifically and apparently no where else? It sounds as if anyone on a whim can have someone else arrested, their reputation tarnished, even if the charges are obviously unreasonable.

I'm answering that, 1) you haven't provided evidence that it happened in the Triangle or 2) that is happens nowhere else, and you are tarnishing the reputation of North Carolina with potentially unreasonable charges. I shared that the laws are clearly not written so that "anyone on whim can have someone else arrested."
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Old 11-19-2015, 10:50 AM
 
166 posts, read 113,196 times
Reputation: 273
Quote:
Originally Posted by roscomac View Post
We don't have any idea what actually happened in either case. All we have is a hearsay story and an anonymous post on a website.

My point was that you didn't like for your co-worker to be treated like a criminal online when there is no evidence that he did anything wrong, yet you're doing the same thing to North Carolina cyberstalking laws and prosecution.

Your original question was:
Why would something like this appen in the Triangle area specifically and apparently no where else? It sounds as if anyone on a whim can have someone else arrested, their reputation tarnished, even if the charges are obviously unreasonable.

I'm answering that, 1) you haven't provided evidence that it happened in the Triangle or 2) that is happens nowhere else, and you are tarnishing the reputation of North Carolina with potentially unreasonable charges. I shared that the laws are clearly not written so that "anyone on whim can have someone else arrested."
Sorry, but I'm not going to risk my own neck, my job or my friendship by divulging details of the case or personally identifying information about the victim in this legal case simply because you've got a case of the doubting Thomases and/or feel the need to defend your state of residence from "a tarnished reputation". If I thought NC was a bad place overall I wouldn't consider moving there.

I brought up two key problems that I felt were worth discussing in a post after the original post. If anyone would like to discuss those I'll be happy to.
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Old 11-19-2015, 10:58 AM
 
527 posts, read 563,574 times
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"When I think of cyber stalking I think of placing hidden tracking devices on people and such."

I'm a child of Facebook, grew up with the internet and Facebook. Cyberstalking is SO much more than placing tracking devices. Threatening messages, emailing people from multiple anonymous email addresses, posting horrible things on public forums anonymously, sometimes not - and this list is not exhaustive. Any of these could be categorized as cyber stalking/cyber bullying.

I understand you feel your friend has been wrongfully arrested and charged, and I definitely don't agree with mugshots (like the slammer and the Twitter feeds that circulate them) being posted prior to a conviction, but please don't flippantly dismiss this.
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Old 11-19-2015, 11:15 AM
 
166 posts, read 113,196 times
Reputation: 273
Quote:
Originally Posted by Caarmour View Post
"When I think of cyber stalking I think of placing hidden tracking devices on people and such."

I'm a child of Facebook, grew up with the internet and Facebook. Cyberstalking is SO much more than placing tracking devices. Threatening messages, emailing people from multiple anonymous email addresses, posting horrible things on public forums anonymously, sometimes not - and this list is not exhaustive. Any of these could be categorized as cyber stalking/cyber bullying.

I understand you feel your friend has been wrongfully arrested and charged, and I definitely don't agree with mugshots (like the slammer and the Twitter feeds that circulate them) being posted prior to a conviction, but please don't flippantly dismiss this.
Not exactly sure what you mean by the flippantly dismissing comment, but if you meant to understand the broad definition of cyberstalking -- yes, I do understand and believe in my line of work I've seen how bad posting can get. In fact my direct exposure might be one reason that the whole idea someone could be arrested for making an effort to keep the cyber-peace seems so out there.

To clarify, what I meant when I said "when I think of cyberstalking", I was speaking to the fact that it can cover so many things, from the truly sinister to what I could consider every day adolescent behavior on line. The very word "stalking" conjures images in the mind of people of someone hunting their prey for purposes of doing harm. Nobody ever got arrested for "stalking" for the mere act of repeatedly annoying someone verbally (perhaps something else like trespassing or assault if threats were involved but not stalking), so why should cyberstalking be different just because it is in electronic format?

I'm bouncing around ideas when I talk about the definition of cyberstalking -- I really didn't want to get too deep in definitions. I'm more concerned with perceptions at this point. How does that "cyberstalking" label look underneath that mugshot that won't go away? How does that impact one's life? Does the employer care that cyberstalking could mean anything from innocent emails from anonymous addresses to death threats, or that a single law can cover cases ranging from the frivolous to the dangerous?

At the end of the day I think it will be a scary sounding label attached to someone's photo, deserved perhaps in the case of many but also claiming a lot of innocent victims who didn't deserve to be arrested in the first place and have to live with the career consequences thereafter.

It seems to me we may possibly be undergoing a failure of the legal system to keep up with technological changes, resulting in silly arrests. Kind of like minors who have naked pictures of themselves on their phones being arrested and forever labeled sex offenders.
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Old 11-19-2015, 11:54 AM
 
Location: Sodo Sopa at The Villas above Kenny' s House.
2,492 posts, read 2,210,479 times
Reputation: 3859
Honestly almost all of the charges,including that of your friend boil down to one rather chronic and human mistake. Making bad decisions. Sometimes there may not be the intent but the harm is still done. The justice systems job is to decipher the facts and minimize the damage imposed on the victim no matter who it is. Does it work perfect? Of course not, but I'd like to think it works more then it doesn't.

I know your hesitant to reveal the facts of this case. Tell us what you think is the possible reason these charges were filed. Even if you don't agree or think it's exaggerated or misunderstood. There has to be something that stood out in the transcripts that you read which could be in juxtaposition to the law. If not, do you not wonder what could of been omitted?

Something is or was there that caused a problem and I'm somewhat suspect about your denial that your friend could be at fault. Seems like someone "doth protest too much" and is awfully concerned with how the arrest is perceived by the public. I just can't shake the feeling that someone made a bad decision, that person is more then likely the OP themselves, and posted expecting to shift the blame to NC or The Slammer in order to gauge reactions to a mistake made within the scope of their employment while minimizing their actions as being with fault. Call me a skeptic,a cynic or a think she knows it all PITA, but there's been quite a few times my intuition has served me right.
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Old 11-19-2015, 12:10 PM
 
2,033 posts, read 2,365,679 times
Reputation: 1695
Quote:
Originally Posted by McWallace View Post
I see two basic problems worth discussing here:

1. That, in NC a person can just call the police and issue an arrest warrant for something so trivial and the gods make it so..
That's not the process in NC. Someone cannot "just call the police". You must swear a complaint to an officer of the court. Generally in NC this means appearing in person before a magistrate. The officer of the court then issues the arrest warrant. If you commit a crime in plain sight of a law enforcement officer, no warrant is needed, but that's not what happened here.
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Old 11-19-2015, 12:24 PM
 
166 posts, read 113,196 times
Reputation: 273
Quote:
Originally Posted by cyn7cyn View Post
Honestly almost all of the charges,including that of your friend boil down to one rather chronic and human mistake. Making bad decisions.
I don't understand how doing his job was a bad decision. He basically pasted in a script that informs the user they are being officially warned -- he didn't even add personal commentary in that case. It's the same wording most of us use (sometimes with some variation depending on circumstances).

I understand it's going to be harder for others to relate to my interest in all of this, but believe me if you performed the same role, for the same employer, it would strike a nerve with you.
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