Sigh. The SCOTUS ruled on a similar law from another state. It did not state that NC code umpty-squat was unConstitutional. Until the NC state legislature or the NC courts pull it, it’s still there.
Neither the cop, nor Average Joe, are allowed to determine for themselves if the statute in question is similar enough to be covered by the SCOTUS ruling. (That is what the legislative and executive brahces are for, for pete’s sake.)
The door was not an obstruction to the cop obtaining info required on the citation? No exaggeration, the fact that they closed the door when he asked for ID is not in dispute, right? (I didnt say they hit him with the door…)
You mention that you have received warnings about your music or TV being on too loud, and the neighbors complained. The cops came out, and you turned it down.
What if… you told them to “Fuck Off”? You claim that the noise level is not high enough to qualify as a “disturbance to the peace”, and that they have no justification for harassing you.
What do you think they will do?
I predict that they would have written you a citation. They would have asked you your name, for the ticket.
You ignore them, and close your door.
Are they supposed to just stand there and pout?
I would not. The only citations received without a signature are ones written when the defendent is not available (like parking tickets). The ones were the defendant is present (like a speeding or jaywalking ticket), a signature is required.
They may believe that, and it might even be true.
You don’t argue about that on your front porch, though, and you don’t get to “resist arrest” (either through fisticuffs, or even walking away/shutting the door) if you think it’s bogus, either.
Which might support a harassment defense or something along those lines. But it is done in court, not on your front porch.
See, the defendent may think it’s harassment, but the cop may feel it’s justified. Therefore, a Judge and Jury decides if it is an abuse of authority by the cop, or not.
Not the defendent, on his front porch, at the time the citation is being written.
The fault, then, lies with the legislature for leaving this law on the books (or the state court for not getting it suspended). The cop is not authorised to decide which laws on the books are worthy of ignoring, nor is he authorised to do the work the state legislature and courts should be doing by ignoring laws currently in force.
He has some discretionary powers, true. In this case, he dicded to write the ticket.
No, they were resisting arrest. If the cop wanted them dead, he would have shot them dead.
One last time, I am not going to defend the cop fully here. He probably lost his temper. At the least, suspension, retraining, that sort of thing may be called for. But the defendents aren’t excused from thier actions, either. (Latitude comes in the sentencing phase, if any.)
