Wednesday, January 22, 2014

Wilmington North Carolina Home Owner's Association DUI stop

  The Truth About Cars recently published an article about an individual in Wilmington North Carolina that
was stopped by a Home Owner's Association (HOA) Security Guard for speeding through the HOA's neighborhood.  The Security Guard (from a private company, not a sworn law enforcement officer) smelled alcohol and called for assistance from the University Police.  Because the Univesity Police didn't have jurisdiction off campus, they had to call the Wilmington Police.  The Police charged the driver with DUI and carrying a concealed weapon.
   The driver was able to appeal the case by arguing that the security guard had no proper training in DUI or speed enforcement.  The courts initially agreed but that decision has now been overturned.
  The bottom line of this is that HOA Security Guards are legally able to conduct traffic stops that a sworn police officer would not be able to conduct.  So according to the author over at TTAC, "we all can."  While I don't completely agree with that argument, this court ruling should give all North Carolina residents, particularly Wilmington, cause to second guess their HOA and security firms hired by them.  Could this same argument be used for one of these private companies to enter and search your residence? possibly!
  Check out the full article and discussion over at TTAC