Archive for the ‘Criminal Law’ category

“I Know What You Did Last Summer.”

June 29th, 2010

If you know where that line comes from, you can probably relate to the frisson that someone feels upon learning that someone has been watching or monitoring them without their knowledge.  In the 80’s, the band Rockwell sang, “I always feel like somebody’s watching me.”  In a word, it’s creepy.

Stalking Is a Crime

Actual stalking is very serious, and is considered a breach of the peace.  North Carolina’s stalking law is G.S. 14-277.3A.  (Cyberstalking is a separate offense, but cyberstalking “adds to” any stalking charges.)

It is important to understand that stalking is behavior that goes beyond “annoying.”  When someone is annoying, you ask them to stop doing what annoys you.  If they do not, you ask them to cease contacting you, preferably in writing, so you have a record.  Keep in mind that the contact must be for “no legitimate purpose,” so “stalking” does not include your ex calling you about visitation or child support (those are legitimate purposes); refusing contact when there is a legitimate reason has risks.

Stalking requires that the person makes two or more acts AFTER knowing that you do not want contact.

Whenever someone starts to behave in a way that suggests stalking, keep a log or journal, and keep copies of the communication; this is evidence the District Attorney would need to prosecute the charge.  When you give notice that the contact is unwelcome, take every reasonable effort to block contact (“unfriend” them on social sites, etc.)  Changing your phone number is NOT a reasonable expectation because it is very disruptive; you should be able to deal with the problem BEFORE it becomes that bad.

Do NOT Aggravate the Problem

It is also VERY IMPORTANT that you 1) DO NOT RESPOND; 2) DO NOT send messages, warnings, or threats directly or through a third-person, unless it’s an attorney or a peace officer; and 3) DO NOT start a “campaign” against them with third-parties.  (If you are not careful, you could set yourself up for counterclaims of Libel, Slander, Communicating Threats, or even Assault.)

If the behavior persists, you should 1) contact the police, 2) file a complaint with the magistrate, or 3) contact an attorney.

There is no need to live in fear or apprehension.

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Things Your Burglar Won’t Tell You

April 15th, 2010

This list of home security tips came to me as a chain mail.  It seemed like sound advice, on the whole, so I thought this would be a good place to share it (without burdening everyone’s Inbox).

Things Your Burglar Won’t Tell You

  1. Of course I look familiar; I was here just last week cleaning your carpets, painting your shutters, or delivering your new refrigerator.
  2. Hey, thanks for letting me use the bathroom when I was working in your yard last week.  While I was in there, I unlatched the back window to make my return a little easier.
  3. Love those flowers.  That tells me you have taste … and taste means there are nice things inside.  Those yard toys your kids leave out always make me wonder what type of gaming system they have.
  4. Yes, I really do look for newspapers piled up on the driveway.  And I might leave a pizza flyer in your front door to see how long it takes you to remove it.
  5. If it snows while you’re out of town, get a neighbor to create car and foot tracks into the house.  Virgin drifts in the driveway are a dead giveaway.
  6. If decorative glass is part of your front entrance, don’t let your alarm company install the control pad where I can see if it’s set.  That makes it too easy.
  7. A good security company alarms the window over the sink.  And the windows on the second floor, which often access the master bedroom-and your jewelry.  It’s not a bad idea to put motion detectors up there, too.
  8. It’s raining, you’re fumbling with your umbrella, and you forget to lock your door-understandable.  But understand this:  I don’t take a day off because of bad weather.
  9. I always knock first.  If you answer, I’ll ask for directions somewhere or offer to clean your gutters.  (Don’t take me up on it.)
  10. Do you really think I won’t look in your sock drawer?  I always check dresser drawers, the bedside table, and the medicine cabinet.
  11. Helpful hint:  I almost never go into kids’ rooms.
  12. You’re right:  I won’t have enough time to break into that safe where you keep your valuables.  But if it’s not bolted down, I’ll take it with me.
  13. A loud TV or radio can be a better deterrent than the best alarm system.  If you’re reluctant to leave your TV on while you’re out of town, you can buy a $35 device that works on a timer and simulates the flickering glow of a real television.  (Find it at faketv.com.)
  14. Sometimes, I carry a clipboard.  Sometimes, I dress like a lawn guy and carry a rake.  I do my best to never, ever look like a crook. 
  15. The two things I hate most:  loud dogs and nosy neighbors.
  16. I’ll break a window to get in, even if it makes a little noise.  If your neighbor hears one loud sound, he’ll stop what he’s doing and wait to hear it again.  If he doesn’t hear it again, he’ll just go back to what he was doing.  It’s human nature.
  17. I’m not complaining, but why would you pay all that money for a fancy alarm system and leave your house without setting it?
  18. I love looking in your windows.  I’m looking for signs that you’re home, and for flat screen TVs or gaming systems I’d like.  I’ll drive or walk through your neighborhood at night, before you close the blinds, just to pick my targets.
  19. Avoid announcing your vacation on your Facebook page.  It’s easier than you think to look up your address.
  20. To you, leaving that window open just a crack during the day is a way to let in a little fresh air.  To me, it’s an invitation.
  21. If you don’t answer when I knock, I try the door.  Occasionally, I hit the jackpot and walk right in.

Sources: Convicted burglars in North Carolina, Oregon, California, and Kentucky; security consultant Chris McGoey, who runs crimedoctor.com; and Richard T. Wright, a criminology professor at the University of Missouri-St Louis, who interviewed 105 burglars for his book Burglars on the Job.

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