How are they getting away with this?

North Carolina

I live in NC and the police in Charlotte have decided to go door to door now along with the animal control agency and a few others and knock on peoples doors and ask them if they "need any help" and then arrest them if they have a warrent. And passing out citations left and right . I did not think they were allowed to group up and walk through a particular neighbor hood and pass out citations like that...arent they supposed to just come out if someone calls them?
And I certainly did not think it was legal for them to knock on doors and then arrest people..arent they supposed to have a warrent or at least have a call to go somewhere before they knock on the door?
Here is a link to the story about it..
what do you all think?
pixeltwistr

http://police.ci.fayetteville.nc.us/pressreleases.aspx?do=display&id=492007112123
http://police.ci.fayetteville.nc.us/pressreleases.aspx?do=display&id=412200790330
http://police.ci.fayetteville.nc.us/pressreleases.aspx?do=display&id=413200790114
(look at all three links each one reports on a differnt day of the "walkdown")

P.S. this artical doesnt really say much just that these several agencies are getting together and walking through this neighborhood and "offering assistance when necessary"
But what they are actually doing is knocking on doors checking IDs and taking people to jail and I though that was illegal and un constitutional.
I must be wrong but I though that the police actually had to have a reason to be at your house knocking on the door..i.e a neighbor called and said there was a disturbane...or a warrent has been issued for a particular person at that address and they are looking for that person....
but to just knock on every door on a street and arrest those who happen to have warrents...I didnt think they could do that. And animal control walking up and down the street giving out citations...arent they supposed to wait until they have a complaint too?
I dont live in that neighborhood...I dont even live in Charlotte but if they can do it in one neighbor hood they can do it in them all...isnt that called a Police State??
Thanks again
pixeltwistr

pixeltwistr said:

arent they supposed to just come out if someone calls them?

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ROTFLMAO!!!
Of course not. Police have a lot of 'roles' other than just responding to calls. One of them is to go out and find CRIMINALS and arrest them.

And I certainly did not think it was legal for them to knock on doors and then arrest people.

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Why not??

arent they supposed to have a warrent or at least have a call to go somewhere before they knock on the door?

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Since when is a warrant required for ANYONE to knock on someone else's door??

what do you all think?

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I think you are a CRIMINAL who got caught and is now whining about it trying to blame someone else for your own stupidity.

what they are actually doing is knocking on doors checking IDs and taking people to jail and I though that was illegal and un constitutional.

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Neither illegal nor a violation of constitutional rights.

I must be wrong

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Obviously.

Of course not. Police have a lot of 'roles' other than just responding to calls. One of them is to go out and find CRIMINALS and arrest them.

They also have rule they are suppose to follow like everyone else!!!



I think you are a CRIMINAL who got caught and is now whining about it trying to blame someone else for your own stupidity.

I am not a criminal..I did not get caught at anything...obviously I am not in jail as I am sitting here at my computer writing this...just because someone comes on here and asks a question does not mean they are a criminal...some people just want to know things so why dont you go back to your job sweeping floors at wal mart and leave my question to someone with some legal experience ...otay???





I do not understand why ever time anyone asks a question in here 90% of you feel you need to reply with rude remarks about the askers personality or intelligence...I did not flame or insult anyone...I simply put out some food for thought that may or may not be of interest to YOU personally...if you dont like a topic then why reply? When you reply telling someone they are ignorant or a criminal or a deadbeat when you have never had a single conversation with that person you are showing everyone here how ignorant you yourself are!!! There are however a few people on here who do have some actuall legal advise fro those looking and that is why I even bother continuing to come here.
Pixeltwistr

pixeltwistr said:

I live in NC and the police in Charlotte have decided to go door to door now along with the animal control agency and a few others and knock on peoples doors and ask them if they "need any help" and then arrest them if they have a warrant.

And I certainly did not think it was legal for them to knock on doors and then arrest people..arent they supposed to have a warrent

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That's exactly what they were arresting people for... ARREST WARRANTS.

There is absolutely NOTHING illegal about it.

It has nothing whatsoever to do with a "police state". If it really was a police state, they wouldn't need WARRANTS to arrest people.

Rather than getting all worked up about the police possibly doing something sneaky or underhanded, why aren't you the least bit concerned with the number of criminals out there who actually ARE doing something illegal?

The police need no reason to do what can be called a "knock and talk" with a person. The police go to a door and knock and talk with the person. This is a consensual encounter the "target" can end at any time up until the time where they cannot for some other reason.

The police can always *ask* for identification. The target does not have to provide it in a knock and talk. The police cannot knock on your door and demand to see your papers(As a general rule, there can be exceptions based on the circumstances not relevant here.)--but they can knock and ask to see them. If the target consents to identifying themselves, the police can check for warrants if they like. Once a warrant comes up, the police can enter to make an arrest of the person. Remember the Fourth amendment protects us from arrests inside our homes unless there is a warrant, probable cause combined with exigent circumstances, or consent. (Consent can include permission for the police to enter even if the consent is not to be arrested.) Also, a crime committed in the police's presence can result in an arrest inside the house.

In the OPs description, it seems like the police asked for stuff the target(s) willingly supplied. That identification resulted in a warrant check which the target was implicated. The police arrested inside the home based on the warrant.

[/QUOTE]Rather than getting all worked up about the police possibly doing something sneaky or underhanded, why aren't you the least bit concerned with the number of criminals out there who actually ARE doing something illegal?[/QUOTE]

I am concerned with that too...I volunteer...I help where I can.....but I believe in the constitution too.....
everything is not black and white...just because I asked a question about the police possibly doing something unconstitutional does not automatically mean i am pro criminal.
Maybe I just want information because I like information. I am not a lawyer and I dont pretend to be one like some on here do...I am however interested in knowing about the laws and I like learning about legal issues...just something I enjoy...whats wrong with that?
The whole point to asking a question is because you dont know the answer...if I knew the answer I wouldnt need to ask the question...

I saw this story on the local news station and i thought it sounded unconstitutional...so i looked it up online but the written story didnt say much either so i thought i would come on here and put it out there and see what everyone else thinks.
If that was wrong then let me know as I am apparently confused as to what the purpose of these forums is!
Thanks
pixeltwistr

tranquility said:

The police need no reason to do what can be called a "knock and talk" with a person. The police go to a door and knock and talk with the person. This is a consensual encounter the "target" can end at any time up until the time where they cannot for some other reason.

The police can always *ask* for identification. The target does not have to provide it in a knock and talk. The police cannot knock on your door and demand to see your papers(As a general rule, there can be exceptions based on the circumstances not relevant here.)--but they can knock and ask to see them. If the target consents to identifying themselves, the police can check for warrants if they like. Once a warrant comes up, the police can enter to make an arrest of the person. Remember the Fourth amendment protects us from arrests inside our homes unless there is a warrant, probable cause combined with exigent circumstances, or consent. (Consent can include permission for the police to enter even if the consent is not to be arrested.) Also, a crime committed in the police's presence can result in an arrest inside the house.

In the OPs description, it seems like the police asked for stuff the target(s) willingly supplied. That identification resulted in a warrant check which the target was implicated. The police arrested inside the home based on the warrant.

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THANK YOU...for giving an actual answer to the question
I used to live in florida and the police used to doroad blocks where they would block one end of a street and check ID on everyone comming down that street then arrest them if they had warrent...there was a big battle over whether that was legal or not...I don't know how it turned out as we moved away but that is why I thought this going door to door sounded like the same type of situation. I suppose it turned out legal anyway because other states do the road blocks now too.
So a cop knocks on your door and ask how you are and how things are in the neighborhood...then asks for your ID...if you don't give it to them then what? Surely they dont simply say ok and leave? So pretty much you have to give it to them???
And what about if they knock on your door and you open it and they smell marajuana or something like that? Can they arrest that person then?And search their home?
I am probably wrong but the way I understand things is...like if you are driving down the street a cop cant just pull you over and say oh I just felt like pulling you over...they have to have a reason right? I KNOW they can pretty much always find a reason....(dent in left fender, brake light not working...something) but it is my understanding that they have to have a reason...then once they have pulled you over because you taillight is out and they check your ID and insurance if you have a warrant they take you to jail....wouldnt going door to door be the same thing as pulling someone over for no reason?
Thanks
pixeltwistr

roadblocks where they would block one end of a street and check ID on everyone comming down that street then arrest them if they had warrent

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This would not be legal. Roadblocks are legal for many reasons, checking ID to arrest for warrants would not be one of them.

So a cop knocks on your door and ask how you are and how things are in the neighborhood...then asks for your ID...if you don't give it to them then what? Surely they dont simply say ok and leave? So pretty much you have to give it to them???

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"I'm sorry officer, but I have other things to do right now. Am I free to leave?"

"What do you have to hide?"

"I just have other things to do. Am I free to leave?"

"You're being very suspicious."

"May I go now?"

And so on and so forth. If the officer give you an order, follow it. If he asks you for stuff--be assertive.

And what about if they knock on your door and you open it and they smell marajuana or something like that? Can they arrest that person then?And search their home?

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This would be a crime committed in their presence or probable cause associated with the exigent circumstance of the drugs to dissappear. The police could enter and arrest. They could search incident to the arrest. The search incident would not extend to the entire house. However, once legally inside to arrest, probable cause could extend the search area. Better would be to enter, search the lunging area of the suspect and get a warrant for the rest.

wouldnt going door to door be the same thing as pulling someone over for no reason?

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No. You must pull over if they light you up. You are seized in some way. You don't have to open the door. You don't have to continue talking with the police in a consensual encounter. You don't have to stay in a consensual encounter. However, since you don't know what the officer knows or believes, it is better to ask if you are free to leave rather than making a legal determination that you are not seized. Leaving when you are seized could be a crime. (Obstruction, interference with officer, whatever the particular state statute is.)

tranquility said:

This would not be legal. Roadblocks are legal for many reasons, checking ID to arrest for warrants would not be one of them.

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And of course, that is NOT true.
Law enforcement can use traffic stops to check for warrants or any other illegal conduct as long as it is "designed to serve special needs, beyond the normal need for law enforcement" and it is NOT discriminatory. For example, they can't stop all blacks driving down the road and not stop EVERYONE.
See 'City of Indianapolis v. Edmond, 531 U.S. 32 121 S.Ct 447, 148 L.Ed. 2d 333(2000)'

If they happen to find outstanding warrants, DUI's, etc. during their 'vehicle checkpoint'... (absent any other restriction) they are absolutely legal.

If the police set up a checkpoint or roadblock in order to check everyone's identification for the purpose of seeing if there was a warrant out for their arrest, it would be illegal.

The OP wrote:

I used to live in florida and the police used to doroad blocks where they would block one end of a street and check ID on everyone comming down that street then arrest them if they had warrent.

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I wrote:

This would not be legal. Roadblocks are legal for many reasons, checking ID to arrest for warrants would not be one of them.

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While City of Indianapolis does show criteria, it does not hold differently. The case had a drug checkpoint which was found illegal. I stand by my statement, it would be illegal. I believe the statement may not have been correct if the dissent in your cited case would have won.