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Onslow County Cop

willy1094

Regular Member
Joined
Apr 12, 2013
Messages
201
Location
Nothern KY
I hadn't until now :shocker: If that deputy truly finds a cellphone threatening I feel sorry for the community she "serves".
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
I would have asked "are you here to arrest me" when answered no, then dropped her, handcuffed her, and dragged her to the DA's office.

Placing her under arrest for violating a notice of trespass and felony assault of course.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
The sheriff’s department says Barber acted properly because she felt that she was being threatened.
Just as a point of law, can I do the same thing if I decide that someone is 'threatening' me by taking my picture? Can I cuff them? Throw them on the ground? Confiscate their effects?

Or does that only apply to those with shiny bits of metal on their chests?
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Right. Let us know when that happens, and to which state penitentiary we can forward your mail...

You always have my best interests at heart, thanks.

But really, I already told my chief of police that's exactly what will happen if a town employee violates my notice of trespass. They seem to understand, they have not gone on my property since and (so my neighbors have told me) walked around my property when seeking out a rabid animal that crossed my land ...

like (dashes and ! = path of town employees xxxx=path of animal (periods just for formatting)):

.......---....................... ----
.........!....my land........!
.........!...x x x x x x x...!.....xxxxxxxx
.........!.......................!
......... -------------------
 
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Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
That guy was being a dumbarse, just asking for there to be an issue. He could have gone back in the house, his son could have stayed in the house. He could have just shut up and stopped talking.

Did the deputy have a right to be on his property? Did he call the cops? It's not clear.

Maybe he'll learn and not make the same mistakes in the future.
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
786
Location
Fayetteville NC
That guy was being a dumbarse, just asking for there to be an issue. He could have gone back in the house, his son could have stayed in the house. He could have just shut up and stopped talking.

Did the deputy have a right to be on his property? Did he call the cops? It's not clear.

Maybe he'll learn and not make the same mistakes in the future.

Come up to my house and demand ID, and see what you get. IF I decide to show ID, and you refuse to accept my federally issued form, we would be done. First, because I am not required to show you anything , and secondly because there is no statutory description of what is acceptable.

The line of "for my safety" is crap. If an officer initiates contact, and then feels threatened, their first action is supposed to be to disengage and get assistance, not escalate the matter.

The department backed her up as a matter of course. If any actual investigation was done by the department, they may have made a different statement. But then, this all seems to be a matter of course in that area.
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
I am starting to see more and more of these videos where leos cant seem to tell the difference from a weapon or a cell phone..

Let's be honest, the cell phone is a threat to a bully officer, therefore they order a citizen to put it down or turn it off... They/leos cant help themselves, they show their true colors. The video recording and voice recording device is a citizens true defense against these over zealous worried about their own safety minded bullies.

My .02

CCJ
 

DWCook

Activist Member
Joined
Sep 28, 2010
Messages
432
Location
Lenexa, Kansas
I can't figure out what she felt threaten about in the first place. After she realizes she's being recorded, she starts to act irrational. The county saying she acted in the right with the whole detainment and such, I find that hard to believe. Most likely they're dealing with this internally so they don't create anymore attention over this news wise.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I can't figure out what she felt threaten about in the first place. After she realizes she's being recorded, she starts to act irrational. The county saying she acted in the right with the whole detainment and such, I find that hard to believe. Most likely they're dealing with this internally so they don't create anymore attention over this news wise.
Contempt of cop - big issue for some.

Will be interesting to see how this shakes out.
 

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
Come up to my house and demand ID, and see what you get. IF I decide to show ID, and you refuse to accept my federally issued form, we would be done. First, because I am not required to show you anything , and secondly because there is no statutory description of what is acceptable.

The line of "for my safety" is crap. If an officer initiates contact, and then feels threatened, their first action is supposed to be to disengage and get assistance, not escalate the matter.

The department backed her up as a matter of course. If any actual investigation was done by the department, they may have made a different statement. But then, this all seems to be a matter of course in that area.

I'm not on the side of the cop. I'm on the side of not being stupid when confronted by an irrational cop.
 

Primus

Regular Member
Joined
Oct 24, 2013
Messages
3,939
Location
United States
Contempt of cop - big issue for some.

Will be interesting to see how this shakes out.

Too big of issue for some unfortunately. There's a reason its usually a misdemeanor and kicking a dog is a felony. Puppies are much more important then hurt feelings.

Sent from my XT907 using Tapatalk
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
Just watched the video again.

The woman sheriff needs anger management classes and clearly should not be out on the street serving and protecting..

It appears some officers seem to make simple encounters more difficult then need be. The homeowner did not appear to be a threat, it appears his cell phone/video of the encounter was the threat to the untrained, unqualified woman. She threatened to arrest him and the young man therefore the threat of violence and incarceration upon both man... She appears to be the one making the threats.. If that crazy out of control woman continues to be allow out on the streets with a weapon, well, I fear bad things are going to happen.. She is a disgrace to her uniform!

My .02

CCJ
 
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WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Too big of issue for some unfortunately. There's a reason its usually a misdemeanor and kicking a dog is a felony. Puppies are much more important then hurt feelings.

Sent from my XT907 using Tapatalk

You lost me here, where is the citation that any dog was kicked? And a citation that the act is a felony?
 

Primus

Regular Member
Joined
Oct 24, 2013
Messages
3,939
Location
United States
You lost me here, where is the citation that any dog was kicked? And a citation that the act is a felony?

There wasn't a dog kicked. My point was stated in the last sentence. Dogs are more important then hurt feelings of officers, as it should be. Also, i said it varies from state to state but some states animal abuse is a felony. Disorderly conduct or breach of the peace is usually a misdemeanor.

Catch up...

Sent from my XT907 using Tapatalk
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
There wasn't a dog kicked. My point was stated in the last sentence. Dogs are more important then hurt feelings of officers, as it should be. Also, i said it varies from state to state but some states animal abuse is a felony. Disorderly conduct or breach of the peace is usually a misdemeanor.

Catch up...

Sent from my XT907 using Tapatalk

Catch up to what? A unsubstantiated claim by you that had absolutely no bearing on RKBA, OC, or this thread.

Sooooo since you made the claim, please cite those states where kicking a dog is a felony?
 

Primus

Regular Member
Joined
Oct 24, 2013
Messages
3,939
Location
United States
Catch up to what? A unsubstantiated claim by you that had absolutely no bearing on RKBA, OC, or this thread.

Sooooo since you made the claim, please cite those states where kicking a dog is a felony?

Well.... since you asked so nicely as always.....

MGL Ch 272 S 77:

Section 77. Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or kills an animal, or causes or procures an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed; and whoever uses in a cruel or inhuman manner in a race, game, or contest, or in training therefor, as lure or bait a live animal, except an animal if used as lure or bait in fishing; and whoever, having the charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shelter, sanitary environment, or protection from the weather, and whoever, as owner, possessor, or person having the charge or custody of an animal, cruelly drives or works it when unfit for labor, or willfully abandons it, or carries it or causes it to be carried in or upon a vehicle, or otherwise, in an unnecessarily cruel or inhuman manner or in a way and manner which might endanger the animal carried thereon, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment.

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section77

Bolded is several parts where kicking a dog with force could be seen as meeting this statute.

Oh you don't like MA law? Ok lets bring it home....

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-360.html

§ 14-360. Cruelty to animals; construction of section.
(a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender shall for every such offense be guilty of a Class 1 misdemeanor.
(a1) If any person shall maliciously kill, or cause or procure to be killed, any animal by intentional deprivation of necessary sustenance, that person shall be guilty of a Class H felony.
(b) If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class H felony. However, nothing in this section shall be construed to increase the penalty for cockfighting provided for in G.S. 14-362.
(c) As used in this section, the words "torture", "torment", and "cruelly" include or refer to any act, omission, or neglect causing or permitting unjustifiable pain, suffering, or death. As used in this section, the word "intentionally" refers to an act committed knowingly and without justifiable excuse, while the word "maliciously" means an act committed intentionally and with malice or bad motive. As used in this section, the term "animal" includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human beings. However, this section shall not apply to the following activities:
(1) The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this section shall apply to those birds exempted by the Wildlife Resources Commission from its definition of "wild birds" pursuant to G.S. 113-129(15a).
(2) Lawful activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.
(2a) Lawful activities conducted for the primary purpose of providing food for human or animal consumption.
(3) Activities conducted for lawful veterinary purposes.
(4) The lawful destruction of any animal for the purposes of protecting the public, other animals, property, or the public health.
(5) The physical alteration of livestock or poultry for the purpose of conforming with breed or show standards. (1881, c. 34, s. 1; c. 368, ss. 1, 15; Code, ss. 2482, 2490; 1891, c. 65; Rev., s. 3299; 1907, c. 42; C.S., s. 4483; 1969, c. 1224, s. 2; 1979, c. 641; 1985 (Reg. Sess., 1986), c. 967, s. 1 1989, c. 670, s. 1; 1993, c. 539, s. 239; 1994, Ex. Sess., c. 24, s. 14(c); 1998-212, s. 17.16(c); 1999-209, s. 8; 2007-211, ss. 1, 2; 2010-16, ss. 1, 2.)

Class H Felony: Cruelly beat- "any act causing unjustifiable pain" (kick)

Disorderly Conduct-

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-288.4.html

§ 14-288.4. Disorderly conduct.
(a) Disorderly conduct is a public disturbance intentionally caused by any person who does any of the following:
(1) Engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting or other violence.
(2) Makes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace.
(3) Takes possession of, exercises control over, or seizes any building or facility of any public or private educational institution without the specific authority of the chief administrative officer of the institution, or his authorized representative.
(4) Refuses to vacate any building or facility of any public or private educational institution in obedience to any of the following:
a. An order of the chief administrative officer of the institution, or the officer's representative, who shall include for colleges and universities the vice chancellor for student affairs or the vice-chancellor's equivalent for the institution, the dean of students or the dean's equivalent for the institution, the director of the law enforcement or security department for the institution, and the chief of the law enforcement or security department for the institution.
b. An order given by any fireman or public health officer acting within the scope of the fireman's or officer's authority.
c. If an emergency is occurring or is imminent within the institution, an order given by any law-enforcement officer acting within the scope of the officer's authority.
(5) Shall, after being forbidden to do so by the chief administrative officer, or the officer's authorized representative, of any public or private educational institution:
a. Engage in any sitting, kneeling, lying down, or inclining so as to obstruct the ingress or egress of any person entitled to the use of any building or facility of the institution in its normal and intended use; or
b. Congregate, assemble, form groups or formations (whether organized or not), block, or in any manner otherwise interfere with the operation or functioning of any building or facility of the institution so as to interfere with the customary or normal use of the building or facility.
(6) Disrupts, disturbs or interferes with the teaching of students at any public or private educational institution or engages in conduct which disturbs the peace, order or discipline at any public or private educational institution or on the grounds adjacent thereto.
(6a) Engages in conduct which disturbs the peace, order, or discipline on any public school bus or public school activity bus.
(7) Except as provided in subdivision (8) of this subsection, disrupts, disturbs, or interferes with a religious service or assembly or engages in conduct which disturbs the peace or order at any religious service or assembly.
(8) Engages in conduct with the intent to impede, disrupt, disturb, or interfere with the orderly administration of any funeral, memorial service, or family processional to the funeral or memorial service, including a military funeral, service, or family processional, or with the normal activities and functions occurring in the facilities or buildings where a funeral or memorial service, including a military funeral or memorial service, is taking place. Any of the following conduct that occurs within two hours preceding, during, or within two hours after a funeral or memorial service shall constitute disorderly conduct under this subdivision:
a. Displaying, within 500 feet of the ceremonial site, location being used for the funeral or memorial, or the family's processional route to the funeral or memorial service, any visual image that conveys fighting words or actual or imminent threats of harm directed to any person or property associated with the funeral, memorial service, or processional route.
b. Uttering, within 500 feet of the ceremonial site, location being used for the funeral or memorial service, or the family's processional route to the funeral or memorial service, loud, threatening, or abusive language or singing, chanting, whistling, or yelling with or without noise amplification in a manner that would tend to impede, disrupt, disturb, or interfere with a funeral, memorial service, or processional route.
c. Attempting to block or blocking pedestrian or vehicular access to the ceremonial site or location being used for a funeral or memorial.
As used in this section the term "building or facility" includes the surrounding grounds and premises of any building or facility used in connection with the operation or functioning of such building or facility.
(b) Except as provided in subsection (c) of this section, any person who willfully engages in disorderly conduct is guilty of a Class 2 misdemeanor.
(c) A person who commits a violation of subdivision (8) of subsection (a) of this section is guilty of:
(1) A Class 1 misdemeanor for a first offense.
(2) A Class I felony for a second offense.
(3) A Class H felony for a third or subsequent offense. (1969, c. 869, s. 1; 1971, c. 668, s. 1; 1973, c. 1347; 1975, c. 19, s 4; 1983, c. 39, s. 5; 1987, c. 671, s. 1; 1993, c. 539, s. 189; 1994, Ex. Sess., c. 24, s. 14(c); 2001-26, s. 2; 2006-169, s. 1; 2012-12, s. 2(b); 2013-6, s. 1.)

Doesn't become a "Class H Felony" until third offense. So you can kick a dog once in NC and get charged with a Class H Felony and you can get charged with Disorderly 3 times before you ever get the equivalent charge.

Can we move on now?
 
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