Warrant Service
ncppo
         Tonight was another great example of a problem in our system. A probationer with an Order for Arrest for absconding  and multiple other violations (he will remain nameless as his violations have only been alledged and not proven at this time) has been reported to be frequent 909 Prive Ave. We have also been told that he will have a gun and if he sees us coming he will either run or fight. 
         We put a team together and we decide on the way we will approach. We parked at the corner and half walked behind the house and half walked up front. I am not sure this was the most tactical method as it gave the neighbors notice to tell each other and everyone to come outside. The guy we were looking for was even on his porch when we got to his house. Once he realized that we were coming to his house he ran inside from the front porch I could see him making multiple trips to get handfulls of a small white substance. According to the S.O. on the bathroom window he was flushing what ever was he had down the tub drain. no way to prove it but it sure looked like crack rocks. He then baricade himself inside the house for about 30 minutes.  Here we have a wanted absconder that we can visually identify from his picture destroying evidence and we are not allowed to force entry.  According to NCGS 15-205 we have the same authority as any sheriff of this state, however our division's polices limit how we can use these policies.
       Eventualy a woman came up in a car, and when questioned she stated that she lived at this house.  I asked her who was inside and she said no one. I told her not to lie to me since I knew someone was in there. We asked her where the individual was who we were looking for and she stated that she know him but does not have contact with him. we asked her to open the door so that we could go in and check the guy inside identity (mind you we already knew it was him because we had the picture) she said she wasn't going to do shit for us unless we had a warrant. We had an OFA, just as good. No she can't find the keys. After about 45 minutes he come sout to the porch and we take him into custody .As we are walking him to the car he the woman asks him for her keys and he says that they are in the house. Oddly she doent talk to him but he has the keys to her house to store drugs in.
     At the jail a bitter x-probation officer set a $5,000 bond and would not listen to our information. we tried to get dpd to charge the femaile with resist, delay and obstruct or aiding and abbetting but they also would not becasue they feared this magistrate. the kick is as we were walking him into intake he told us that he though we were DEA and we should appologize for scarying him other "some small shit probation violation"

District Court Nonsense
ncppo

In December 2008 Phyllis McClain was served with a probation violation for failing multiple drug tests for crack and marijuana,  not completing her 50 hours of community service, missing multiple appointments, and only paying less than $250 on $18,000 or money that she stole from the state as well as by obtaining property by false pretenses. She has three cases 2 for the ESC fraud and the third for OPFP. Two have thirty day active sentences and the third has a 45 day sentence. In addition she was placed on intensive probation about nine months ago for a period of 6 months due to new convictions for larceny and shoplifting.  In January she was given a first appearance in open court where she waived court appointed attorney and stated she would hire her own. The case was continued until February. In February she stated that she had not yet been able to hire an attorney and needed another month. Some may ask themselves how is she going to pay for an attorney if she could not afford to pay her restitution. Today in court she asked for a continuance and was denied she she then said she wanted the continuance because she had not yet been able to hire an attorney, then asked for a public defender and was denied. This was denied and she was told to sit down and wait to have her case called and it would be handled today. At 12:50 the case was called and ADA Wright told me that we needed to continued the case because it was getting too late. (In case I have not said it before, the District Attorney's Office does not care about probation violations) ADA Wright wanted to continue the case for another month because if she can take care of all of the cases before lunch, she can be done for the day and relax in the office as it is Friday. She was given the extension for another month. After she leaves an attorney from the public defenders office comes back and asks that she be given the case on appointment. This was granted. After having to spend all day in court waiting for this case, I have to come back to the office having accomplished nothing! In the end what will happen is the defense attorney will put me on the stand and try to say that I wasn't doing my job somehow and that is why she could not pay her restitution. This system is ridiculous. Probation is your second chance. There is no reason for someone to be able to be violated multiple time and the courts not take any action. If I knew what office to run for to institute change I would.


Probation Officer Assaulted
ncppo

Last night while attempted to execute a warantless search on a post release offender. The offender decided to resist and fought three officers. He was later arrested for resist, delay, obstruct and assault. He was taken before a magistrate and given a $3,000 UNSECURE bond. he was allowed to turn around and walk right back out.


Superior Court Probation Violations
ncppo

Background: on 2/16/09 Jamel Perry was convicted of Assault inflicting serious injury on a law enforcement officer and possession with intent to sell schedule 2. His warrants and the judgment lead me to believe there were more charges that were dropped in the plea. When he committed this crime he was on probation, after assaulting a DPD investigator he ran and was caught with 48 individually bagged crack rocks and 35 bags of marijuana. Since his judgment states weapon to be destroyed that leads me to believe that he also had a gun when he was caught. He was sentenced to 2 years probation and when I received this case on 2/17/09 I looked at his background a saw that this was his 5th case of probation 3 of his previous four were for drug possession and sales. The remaining case was for assault on a female. He was revoked on his last two cases. Due to this I decided that since I needed to verify his residence this would be an opportune time for his first warrantless search. During this search we he threw a bag of pot out a window and once we made entry he was hiding two boxes of small caliber pistol ammunition in a fake book under his bed. He admitted to me that the ammunition is his and to one of my surveillance officers that the pot was his. He was then arrested and transported to DCJ. He was placed on a $40,000 bond, the whole time begging like a little girl for us not to violate him or to put him on house arrest or intensive.

Court: this case was set on for
2/25/09 in superior court, but the probationer did not show and the judge issued a bench warrant for $80,000 bond. Granted the superior court clerks usually drag there feet in doing probation matter,  the warrant was stricken before it was ever created., and he somehow got a court appointed attorney without ever having a probable cause hearing,  The case was then put on for today, as usual the court allowed this without any communication from us. Early in the morning the probationer signed a modification order agreeing to 3 months house arrest followed by 9 months of intensive. An hour later as we are waiting for the case to be called when he speaks to his lawyer who then comes to me and tells me there is no basis for my violations and we should continue him on probation. I refused so she called it for hearing. At 4:30 the case is finally called and after me and two SO's testifying. Judge JB Allen ruled that their was no grounds for the violation for ammunition (despite federal laws not allowing felons or person with misdemeanor domestic violence convictions) and that since I saw him go to the room with the window, one officer saw him go to the window, and one officer saw a hand throw the weed out the window, but no one officer saw his weed and his face at the same time that was not conclusive enough evidence for a violation. The judge did also note that it was probably the probationer with the weed but since we could not prove it there was no violation. We told the DA several times that the probationer admitted to the possession at the jail and said he was sorry for lying, but he never asked the two of us that hear this while we were on the stand. He said he was sorry once the violations were thrown out. He and his family celebrated their victory.  Oddly, this convicted felon and drug dealer who was found with ammunition and drug has still not reported to see me as he was ordered to do within three days. Another violation.


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