Can this be true somebody sent this to me

Can this be true somebody sent this to me

This is a discussion on Can this be true somebody sent this to me within the General Firearm Discussion forums, part of the Related Topics category; North Carolina Appeals Court Allows HOAs To Arrest For DUI North Carolina Appeals Court allows armed HOA security guards to conduct traffic stops that would ...

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    Member Array Jdp751's Avatar
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    Can this be true somebody sent this to me

    North Carolina Appeals Court Allows HOAs To Arrest For DUI
    North Carolina Appeals Court allows armed HOA security guards to conduct traffic stops that would be illegal for police to make.

    Rental cops hired by homeowners associations (HOA) can conduct traffic stops that would be unconstitutional if performed by an actual police officer, according to a ruling handed down last week by the North Carolina Court of Appeals. A three-judge panel took up the case of Frederick Lloyd Weaver Jr, who was stopped on April 20, 2012 by an armed security guard employed by Metro Special Police and Security Services. The HOA for the Carleton Place townhomes near the University of North Carolina at Wilmington contracted with Metro for security services.


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    Distinguished Member Array Brady's Avatar
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    Depends on the state you're in. In SC private security guards have the same authority as deputy sheriffs (limited to the property listed in the contract), though it's a rare client that wants you to exercise that much authority.
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    Distinguished Member Array Hoganbeg's Avatar
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    I suspect it might depend more on the Association agreement signed upon joining the association unless prohibited by the State.

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    I think the HOA would be opening themselves for a bunch of law suits. Both from the defendants and the security firm and their employee's looking for some indemnification. I also believe that if pushed thir ruling will eventually be overturned.
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    That is one I have not heard of but then I would live under a bridge rather than live in an area ruled by a bunch of self-aggrandizing dictators referred to as an HOA.
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    Distinguished Member Array Hoganbeg's Avatar
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    And that, folks, is why I refuse to live anywhere there is a Home Owners Assn. I do not need another layer of government.
    Last edited by Hoganbeg; December 30th, 2013 at 12:52 PM.
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    Member Array Jdp751's Avatar
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    I was told by police in New York and I was told by sheriffs in South Carolina that nobody is allowed to touch you,detain you, or search you, other then a law enforcement officer. If they do you can press charges against them and defend yourself from them if they try to touch you. They told me the only way a store employee or security guard of any type can touch you or detain you or search you is if you give them permission to. I can understand people that live in a community that has a HOA and have signed the agreement thay might have to abide by this, but I cannot see how this can apply to anybody else driving into the neighborhood that does not live there or might be delivering something or visiting somebody. That have not signed your life away to a HOA.

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    Quote Originally Posted by msgt/ret View Post
    That is one I have not heard of but then I would live under a bridge rather than live in an area ruled by a bunch of self-aggrandizing dictators referred to as an HOA.
    That takes FL off your list or place to live. I specifically told my realtor, "No HOAs!" The Condo Commandos are out of control here.
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    Distinguished Member Array Exacto's Avatar
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    I can see them trying this, depending on the makeup of the HOA gestapos. But if it is unconstitutional for police it's unconstitutional for them as well. If they are going to take this tact, I would suggest they engage the services of a good attorney.
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    VIP Member Array BugDude's Avatar
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    They can't stop you if you don't stop. Go home, lock door, ignore them. If they don't leave, you call the police and tell them this person is harassing you and won't leave your property. The worst the HOA can do is levy a fine.

    It's like the police have told me on occasions when people in the community are doing crap, "There's nothing we can do if we don't see it."
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    VIP Member Array high pockets's Avatar
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    Quote Originally Posted by Jdp751 View Post
    I was told by police in New York and I was told by sheriffs in South Carolina that nobody is allowed to touch you,detain you, or search you, other then a law enforcement officer. If they do you can press charges against them and defend yourself from them if they try to touch you. They told me the only way a store employee or security guard of any type can touch you or detain you or search you is if you give them permission to. I can understand people that live in a community that has a HOA and have signed the agreement thay might have to abide by this, but I cannot see how this can apply to anybody else driving into the neighborhood that does not live there or might be delivering something or visiting somebody. That have not signed your life away to a HOA.
    It's often a mistake to apply knowledge gained in one state to situations in other states. Especially when one refers to NY.

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    Distinguished Member Array Tundra5.7's Avatar
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    Quote Originally Posted by Jdp751 View Post
    I was told by police in New York and I was told by sheriffs in South Carolina that nobody is allowed to touch you,detain you, or search you, other then a law enforcement officer. If they do you can press charges against them and defend yourself from them if they try to touch you. They told me the only way a store employee or security guard of any type can touch you or detain you or search you is if you give them permission to. I can understand people that live in a community that has a HOA and have signed the agree thay might have to abide by this, but I cannot see how this can apply to anybody else driving into the neighborhood that does not live there or might be delivering something or visiting somebody. That have not signed your life away to a HOA.

    You should read up on citizens arrest, especially in the state you live in. Also read up on "merchant's privilege".

    I can assure you in some states at least, store owners/agents can physically detain you for shoplifting. I worked in loss prevention while going to college in TN and physically detained a lot of shoplifters. The company I worked for had stores in all 50 states. This particular store was in a region of other stores from VA, NC ,TN, & SC. Shoplifters were physically detained for shoplifting in these states.
    Last edited by Tundra5.7; December 30th, 2013 at 02:26 PM.
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    VIP Member Array dangerranger's Avatar
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    Quote Originally Posted by Jdp751 View Post
    I was told by police in New York and I was told by sheriffs in South Carolina that nobody is allowed to touch you,detain you, or search you, other then a law enforcement officer. If they do you can press charges against them and defend yourself from them if they try to touch you. They told me the only way a store employee or security guard of any type can touch you or detain you or search you is if you give them permission to. I can understand people that live in a community that has a HOA and have signed the agreement thay might have to abide by this, but I cannot see how this can apply to anybody else driving into the neighborhood that does not live there or might be delivering something or visiting somebody. That have not signed your life away to a HOA.
    I know that here in CA private security has the power to hold you till an officer makes the arrest. They are mostly limited by there own liability and the HOAs ability to defend their actions. That's why most HOAs hire outside security, In house security puts all the liability on the HOA. The HOAs here can and do write tickets. So knowing state law where he is going to be most important. DR

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    Member Array Jdp751's Avatar
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    Listening to everybody's answers here today I decided to contact the sheriff's department in South Carolina and presented a question to them, I said in South Carolina can a store employee or a security guard, touch you, detain you, search you, arrest you, point a gun at you. The sheriffs department's answer was no. They said any store employee or security guard does not have any more power than any citizen. They said the only security guard who do have power are security guards who work in a nuclear power plant and that only pertains to on their property. The sheriffs department told me if any store employee or security guard touches you or detained you they are breaking the law and that you should call law enforcement immediately. They said quite often people in stores, employee, and security people, will grab hold of people and manhandle them pulling them into a room to detain them, they said most people do not resist or press charges because they do not know. The sheriffs department said the only people who are allowed to, touch you, or detain you, or arrest you, or search you, are law enforcement officers. And they said if you make a citizens arrest you had better be 100% sure that person committed a crime that justifies you resting them otherwise you will be prosecuted

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    Senior Member Array Brent95's Avatar
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    It's always best to ask a LEO,a lawyer someone like that in your area or town.Laws change and vary so from place to place,better to be safe than sorry.

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