Albemarle Tradewinds October 2018 Web Final

More documents

Info

Death Of Innocence: Are you Really Innocent Until Proven Guilty? What are Your Rights? Amidst two Supreme Court nominations and hype about citizen mistreatment of cops, here’s a quick refresher on what the Constitution says. This applies to your local county, and we’ve asked upcoming Perquimans County Sheriff candidates about where your rights lie and their authorities coincide: Fourth Amendment- Probable cause required for search and seizure. Fifth Amendment- Prohibits self-incrimination. Sixth Amendment- You have a right to a fair and speedy public trial by jury. You can confront your accusers, call witnesses, and have counsel from an attorney. Eighth Amendment- Prohibits excessive fines, cruel and unusual punishment. From the Attorney Albemarle Tradewinds columnist and criminal defense lawyer Joe Forbes shares insights so you can better understand the justice system: What are the qualifications to hold the office of Sheriff? It’s simple. An aspiring sheriff must be a county resident over 21. He or she also cannot practice law or serve as a General Assembly member concurrently with this office. How was an Interim Sheriff appointed before this upcoming election? According to Article 1-Chapter 162 of NC General Statutes, the board of commissioners “shall elect a sheriff to supply the vacancy for the residue of the term.” There is no special election. Is it true the executive committee of the political party of the previous Sheriff gets to decide a replacement? Not necessarily. Article 1-Chapter 162 states certain counties such as Beaufort, Edgecombe, Gaston, and Mecklenburg elect a Sheriff based on the recommendation of the party’s county executive committee. But this isn’t spelled out as a requirement for Perquimans. There is no legal guideline stating whether Perquimans County Commissioners must initiate a formal hiring process or simply appoint someone from their familiar political sphere to replace a Sheriff vacancy. “The police aren’t necessarily bound by ethics like an attorney or member of the clergy,” Forbes says. In cases with multiple suspects, aggressive questioning happens a lot. Police can make up a story that someone else you know confessed, and it’s perfectly legal. “It’s tough to overcome any policeman not telling the truth,” he mentioned. “Law enforcement are taught to use command force.” “A lot of law enforcement want to present a macho image of ‘take no prisoners.’ The public would consider it unethical but [...] anything is legal except torture.” Forbes mentions people plead guilty all of the time. It’s not because they committed a crime. It’s often to avoid prolonging the legal process in criminal and civil arenas. In North Carolina, misdemeanor cases are heard by a District Court judge on one day only-Wednesday. In Superior Court, where a trial could be appealed, the case load could hypothetically be 33 cases. There’s no way all 33 could be heard in a week when it often takes half a day just to pick an unbiased jury. The lengthy trial process could involve extended time away from work or accruing child care expenses. There is no guarantee of when a case is going to be heard, and it’s often trail by ordeal. “If you’ve had anything to do with [an incident,] you don’t want to talk [to the police,]” says Forbes. Get a lawyer. He can stop the trail of questioning and talk to police about your right to remain silent. Use your cell phone to record what’s happening. North Carolina is a one-party consent state when it comes to recording conversations. If you suspect anything is going wrong, set your phone to video and make sure the audio is working. A $40 camcorder installed in the front of your car or a device on the side could serve as your insurance policy. Considering the state-mandated qualifications for an NC Sheriff, and how the office is a Constitutional position-- Should the Perquimans County Board of Commissioners have Interviewed all applicants before filling the most recent vacancy? If only one candidate received an interview, did the process follow the civil rights act of 1964 as amended in 1972 to include Equal Employment Opportunity? You decide in November. 6 2018 Early voting begins- October 17, 2018 20 Albemarle Tradewinds October 2018 albemarletradewinds.com
Meet Perquimans County Sheriff Candidates By Laura Bush Jenkins Continued on Page 22 Since early voting starts October 17th, we prepared questions to inform readers about a local sheriff’s race and candidates’ understanding of the Bill of Rights and law enforcement standards. 1) The Fourth Amendment prohibits unreasonable search and seizure and requires probable cause. As Sheriff, how would you advise deputies when it comes to traffic stops, DUI, and DWI? Jim Bray: “I prefer to use more probable cause than an odor, unless it’s very strong. The officer must consider the totality of the circumstances. While traffic checkpoints catch drunk drivers and drug users, there still must be probable cause to search a vehicle. Stopping a car without a reason is going too far. A lot of people don’t realize they have to consent to a search, even if they are pulled over by police for an infraction. The exception is if there is drug paraphernalia in plain view or a driver is intoxicated.” Shelby White: “ You do have to have an odor to search the car for drugs. For alcohol, that’s a different situation because you need to delegate it to Highway Patrol. We have to look into any tip and can do it with a knock and talk. We might want to do surveillance, a pop-by, or send an undercover vehicle to check on activity. We keep working the case to get a search warrant. Even if it’s a weekend, we can get a search warrant by a magistrate. I prefer getting one from a superior court judge so they will more readily accept the case if taken to a federal level.” 2) Do you believe in ‘stop and frisk?’ Jim Bray : “’Stop and frisk’ can be used for officer safety in a DWI.” Shelby White: “[From the perspective of a cop on foot patrol] I have to have a reason to stop you. Heavy duty profiling doesn’t exist in this area. I do believe in stop and frisk’ for officer safety.” 3) What are your standards for obtaining a confession? If you are familiar with the REID technique which allows false evidence to legally be presented to elicit a confession, will you use this, or will you hold yourself and your deputies to a higher standard? Jim Bray: “ I am familiar with the REID technique. I don’t believe in lying and deceiving people. I believe in being honest and those in my command will be straightforward. I do believe time-sensitive situations may require an interrogator to push it to the limits- such as a child abduction or missing person. I don’t know if law enforcement in this area have ever used extremely aggressive tactics the way one might see in a large area.” Shelby White: “ I am not familiar with the REID technique but realize this is legal. I stay within what is legal and do not go beyond this. We don’t want to lead someone to a false statement but work towards the truth. I want evidence instead of a false confession.” 4) How long will you build a case before it goes to a speedy public trial? Don’t you think in a small community with word of mouth quickly spreading, this impedes a person’s rights if the process drags on? Jim Bray: “I’ve never seen a speedy public trial. It usually has nothing to do with law enforcement, although they may wait for the SBI to handle evidence. Usually, defendants and their attorneys continue a case. They may even ‘judge shop’ for who they believe to be most lenient in cases like DWIs.” Shelby White: “ A speedy public trial is impossible. It could happen a year from now. We have so many people in a jury pool to choose from that it wouldn’t be unfair in a small town. Out of 75 applicants, you can get 13 who are unbiased.” 5) A Perquimans County resident whose home was burglarized three times in three months expressed concern responding officers didn’t appear confident or well-trained. How frequently will your officers be trained, and how will you re-certify them so they understand proper handling of evidence? Jim Bray: “ Officers currently do not have formal training on the collection of evidence, and if it is, it’s very little. They refer a lot of it to state troopers at this time. I’d like to work with the Justice Academy in Salemburg, which partners with local agencies for free- less room and board costs. In Currituck County Sheriff’s Office, certain training is required when officers hit the three and six year marks. I feel this needs to happen here also. In addition, I would implement a physical fitness program like the state has for its troopers. This would be a benchmark to help them deal with the stress of the job.” Shelby White: “During in-processing, I train the officers. They label evidence, and it’s computer-based. We’ve never had a problem with handling evidence. The deputies and investigators go to schools throughout the year as their schedule permits, so they know what to look for. The training is basically free through the state.” 6) What will you do to make sure your officers are trained in DWI and capable of handling this? Jim Bray: “ DWI training is a huge problem. Officers can do an intoxilizer and 3-day ARIDE training that focuses more on drug impairment. I want to make sure all of my deputies have proper knowledge to handle this instead of just a few. Shelby White: “All officers are trained at Alkasensor school, but only some are trained to use the Breathalyzer. [As previously stated,] that’s why it’s passed off to Highway Patrol.” 7) How will you work with the state and county to stop drug and human trafficking? What can you do to make sure officers handle this? Jim Bray: “ I am not aware of human trafficking in Perquimans County, but I’ve heard it is a problem in the western part of the state. It seems that there is not an industry in our county that would support that. I would do surveillance on users and find informants who can tell us where the dealers are. I would also bring back the drug task force, where people from different counties send undercover cops. The drug houses in our area are known, but we must catch dealers when their shipment comes in and before it goes out.” Shelby White: “There is no doubt drug trafficking is here. Perquimans County is actually better off at Gates and Chowan. All the time, we are getting drugs off the street. I’ve arrested more people for drugs in Perquimans County than anybody. My record includes over 250 plus drug arrests- which led to over 40 federal convictions with 3-28 year prison sentences. I’ve worked a lot if cases with SBI, FBI, and ATF. I’ve already started a drug unit. Before that, there was no dedicated person strictly working these cases. I have an informant base after 18 years of experience. [...] Drug stuff is not just based on traffic stops, but involves work undercover. Cooperating witnesses and informants may have certain conditions they expect. We may appear partial, but it’s because we keep working the case until 6, 8, 10 buys lead us to the dealer. Traffic stops are good, but 98% of the time, they get users. We’re targeting dealers. I’ve caught John Aaron Bailey and Bubba Lee, but other drug dealers pop up next to take their place. It’s an ongoing fight. I have not personally seen human trafficking, although I’ve talked with [Brew 2 Rescue Cafe] across the street about what to look for. Perquimans County is honestly better than any county around us. EMS [has been issued] a nasal spray for overdoses. Only 5 were used in Perquimans before May. Pasquotank used 70. Drugs don’t just affect one person, but everyone around them. There is an Angel Program in Rocky Mount through the Albemarle Overdose Prevention Coalition that hasn’t started here but I’d like to implement. We tell [an addict]: ‘Bring your stuff to us turn it all in, and you won’t be charged.’ We have a mobile crisis unit that can help people that want to stop, but logistically getting people to where they can go for help is a problem. They need help today and can’t wait until tomorrow.” facebook.com/AlbemarleTradingPost Albemarle Tradewinds October 2018 21
Page 1 and 2: Albemarle Tradewinds.com Free! Meet
Page 3 and 4: Total Integration Marketing Ad Trac
Page 5 and 6: Perquimans Chamber Is it too early
Page 7 and 8: Health and Nutrition Strategies For
Page 9 and 10: NENC Adds 13K Jobs Over last Six Ye
Page 11 and 12: MICHAEL P. SANDERS, P.C. Serving th
Page 13 and 14: Custom Window Treatments Therapeuti
Page 15 and 16: 26th Annual SCUPPERNONG RIVER FESTI
Page 17 and 18: “Midway have it your way with pre
Page 19: HOLLY DAYS FESTIVAL OF GIFTS Holly
Page 23 and 24: Rent to Own rent971.com 252-209-099
Page 25 and 26: Jake’s Outdoor Adventures Fall on
Page 27 and 28: The Outer Banks Wave The Pear Neces
Page 29 and 30: HRNeptune.com Haunted Hayride a
Page 31 and 32: HRNeptune.com The history of fo
Page 33 and 34: HRNeptune.com Mud Flats to Miss
Page 35 and 36: Northeast North Carolina Family His
Page 37 and 38: New Life of Currituck Money, Marria
Page 39 and 40: The Master’s Chair - A Place of P

Albemarle Tradewinds October 2018 Web Final

Create successful ePaper yourself

Delete template?

Save as template?