Legal Question in Criminal Law in North Carolina

Re: harassment by special police?

Good question. I do not know if the street or

highway in your gated commuity is included as a

street or highway for legal purposes. You are quite

correct that no permit is needed to operate a motor vehicle

off either such area. No permit is needed in a

"private vehicular area", e.g. a parking lot with

one or more stores open to the public.

Delay and obstruct is the omnibus spite status

for law enforcement. I see you call the police

special police. I do not know whether they have

a special commission from the governor to

participate in laws enforcement. Some private

police forces do have such a level of

authority making them one step up from the

rent-a-cops you see at every factory door. It

may be that authority that gives them the

police authority to ask for ID.

Recourse? Plead not guilty in district court.

Emphasize that no other charge was placed and be

able to show that no charge could have been

under the circumstances, so the stop itself

may have been unwarranted, and , thus, the

alleged officer was not doing his duty.

I'll say that is the legal theory. In

practice, I'd also check with the Homeowner

prez or whomever places the contract for

policing and see if you can make this go away

before it gerts to court. Good luck.