Governor Pat McCrory: Abolish the Self-Initiated Warrant Law, NC Statute § 15A-304
  • Petitioning North Carolina Governor

This petition will be delivered to:

North Carolina Governor
North Carolina State Senate
North Carolina-020
State Sen. Floyd McKissick
North Carolina-022
State Sen. Mike Woodard
North Carolina-033
State Sen. Stan Bingham
North Carolina-041
State Sen. Jeffery Tarte
North Carolina-017
State Sen. Tamara Barringer
North Carolina-025
State Sen. Gene McLaurin
North Carolina-006
State Sen. Harry Brown
North Carolina-040
State Sen. Malcolm Graham
North Carolina-034
State Sen. Andrew Brock
North Carolina-048
State Sen. Tom Apodaca
North Carolina-029
State Sen. Jerry Tillman
North Carolina-026
State Sen. Philip Berger
North Carolina-003
State Sen. Clark Jenkins
North Carolina-042
State Sen. Austin Allran
North Carolina-023
State Sen. Valerie Foushee
North Carolina-002
State Sen. Norman Sanderson
North Carolina-007
State Sen. Louis Pate
North Carolina-032
State Sen. Earline Parmon
North Carolina-031
State Sen. Joyce Krawiec
North Carolina-030
State Sen. Shirley Randleman
North Carolina-038
State Sen. Joel Ford
North Carolina-015
State Sen. Neal Hunt
North Carolina-037
State Sen. Jeffrey Jackson
North Carolina-049
State Sen. Terry Van Duyn
North Carolina-014
State Sen. Dan Blue
North Carolina-004
State Sen. Angela Bryant
North Carolina-016
State Sen. Josh Stein
North Carolina-046
State Sen. Warren Daniel
North Carolina-039
State Sen. Bob Rucho
North Carolina-027
State Sen. Trudy Wade
North Carolina-012
State Sen. Ronald Rabin
North Carolina-013
State Sen. Michael Walters
North Carolina-008
State Sen. Bill Rabon
North Carolina-045
State Sen. Dan Soucek
North Carolina-044
State Sen. David Curtis
North Carolina-035
State Sen. Tommy Tucker
North Carolina-050
State Sen. Jim Davis
North Carolina-024
State Sen. Rick Gunn
North Carolina-043
State Sen. Kathy Harrington
North Carolina-028
State Sen. Gladys Robinson
North Carolina-011
State Sen. Buck Newton
North Carolina-047
State Sen. Ralph Hise
North Carolina-019
State Sen. Wesley Meredith
North Carolina-021
State Sen. Robert Clark
North Carolina-005
State Sen. Donald Davis
North Carolina-010
State Sen. Brent Jackson
North Carolina-001
State Sen. Bill Cook
North Carolina-018
State Sen. Chad Barefoot
North Carolina-036
State Sen. Fletcher Hartsell

Governor Pat McCrory: Abolish the Self-Initiated Warrant Law, NC Statute § 15A-304

    1. Mia Floyd
    2. Petition by

      Mia Floyd

      Charlotte, NC

 Help abolish NC “Self-Initiated Warrant” Laws

 

My name is Mia Floyd and I was falsely arrested due to the “Self-Initiated Warrant” Law in the State of NC.  North Carolina General Statute Section § 15A-304 provides that: A judicial official may issue a warrant for arrest only when he is supplied with sufficient information, supported by oath or affirmation, to make an independent judgment that there is probable cause to believe that a crime has been committed and that the person to be arrested committed it. The information must be shown by one or more of the following: Affidavit; Oral testimony under oath or affirmation before the issuing official, etc.

 

North Carolina should provide clear context around the term “sufficient”. The way the law is written it allows any citizen to initiate an arrest warrant issued on another by lying to the magistrate.  It’s that easy!  North Carolina requires no proof or investigation, simply an unverifiable story that even a minor can articulate.

 

When I turned myself in, the Sheriff’s teased about the frequency of arrests and the amount of individuals they process daily due to vindictive individuals who want to seek revenge by filing false reports.  I am no criminal.  In fact I am a hard- working, law abiding, taxpaying citizen. I encountered an evil demon who manipulated not only me, but also the State.  As a result, I have a mug shot posted online for a crime I never committed!  This impacts my career, my reputation and can affect my ability to provide for my children.  The arrest leaves me completed vulnerable for the world to judge me.  I’m not sure I find the humor in this law.  I can think of many practical jokes, but my life and reputation certainly don’t qualify!

 

The irony in this nightmare is, even in jail, people are profiled.  That night the Sheriff's were adamant there was no warrant for my arrest - ok so can I leave?  Believe me ma'am, I met with 7 attorneys today, I am in your computer.  Please understand that I too think this is a horrible joke, but it is real, it’s my life and this isn’t where I want to be.  Like me, the Officers were in utter disbelief I was there and it was the highlight of the night to find out why.  It felt like somehow these people knew me, they knew my character and the morals that mold me, but the only information they had was what they were finally able to locate on their computer screen.

I was a spectacle, the only information the Officers had is what they could read, similarly to what anyone can see without having the background - the real truth.  The Officers continued to say "What are you doing here, you don't belong here."  In my mind I couldn't help but agree, but couldn't respond.  At least 8 Officers that night reiterated I didn't fit in…I think I'd have to agree! It was painful and would make the experience a little less painful if they didn’t state the obvious.  However, the Officers were absolutely right, I didn't belong in that place, but I was because the justice system makes it THAT easy.

 

My Mother who drove me to turn myself in had to experience the horrible torture of seeing her daughter taken away for a frivolous crime that never occurred.  She then had to return home and pretend like life was normal with her grand-daughters not knowing if or when I would return home.  Fortunately for me, the magistrate released me that evening, but if the law required any proof or a simple investigation we would wouldn't have that experience.  Unfortunately, the burden of proof was on me, to prove my innocence for a crime I never committed, not on the individual who filed the warrant.

 

The self-initiated warrant law needs to be changed as it is archaic and has ruined many law-abiding citizens’ lives.  No innocent person should have to experience the mortifying, demoralizing, embarrassment I was subjected to.  What an unsettling feeling to live in a State where the law doesn’t protect its citizens.  North Carolina has zero controls in place to require an investigation prior to issuing warrants to which people can be oblivious.  Not only is this unjust, but a waste of tax payers money.

 

Through my experience I realize how evil, vindictive and malicious people take advantage of the law while committing a felony in the process, which rarely, if ever, gets prosecuted.  Filing a false police report is a felony, but the State takes no steps to prosecute the individuals who manipulate the system.  In fact, the State encourages citizens to file warrants if they feel a crime has been committed against them.  What’s more disturbing is the State recognizes that allowing citizens to issue a warrant is problematic and wasteful and has done nothing to initiate change.

 

My case never made it to court because the District Attorney recognized the frivolous claim immediately, but I am ultimately responsible for bearing the financial, emotional, mental and social ramifications of the felonious actions of a disturbed individual.  It took 15 minutes for someone to ruin my life by filing a false warrant and it takes the State an entire year to expunge my record for a crime I didn't commit.  Nothing can take this experience away from me.  No one should be subjected to this demoralizing experience due to the lack of controls in place to ensure lies are validated by an investigation prior to wasting tax payer’s money. 

 

Please sign my petition and ask Governor Pat McCrory to abolish the laws and require the justice system to work for the citizen and not against them.

 

To:
North Carolina Governor
North Carolina State Senate
State Sen. Floyd McKissick, North Carolina-020
State Sen. Mike Woodard, North Carolina-022
State Sen. Stan Bingham, North Carolina-033
State Sen. Jeffery Tarte, North Carolina-041
State Sen. Tamara Barringer, North Carolina-017
State Sen. Gene McLaurin, North Carolina-025
State Sen. Harry Brown, North Carolina-006
State Sen. Malcolm Graham, North Carolina-040
State Sen. Andrew Brock, North Carolina-034
State Sen. Tom Apodaca, North Carolina-048
State Sen. Jerry Tillman, North Carolina-029
State Sen. Philip Berger, North Carolina-026
State Sen. Clark Jenkins, North Carolina-003
State Sen. Austin Allran, North Carolina-042
State Sen. Valerie Foushee, North Carolina-023
State Sen. Norman Sanderson, North Carolina-002
State Sen. Louis Pate, North Carolina-007
State Sen. Earline Parmon, North Carolina-032
State Sen. Joyce Krawiec, North Carolina-031
State Sen. Shirley Randleman, North Carolina-030
State Sen. Joel Ford, North Carolina-038
State Sen. Neal Hunt, North Carolina-015
State Sen. Jeffrey Jackson, North Carolina-037
State Sen. Terry Van Duyn, North Carolina-049
State Sen. Dan Blue, North Carolina-014
State Sen. Angela Bryant, North Carolina-004
State Sen. Josh Stein, North Carolina-016
State Sen. Warren Daniel, North Carolina-046
State Sen. Bob Rucho, North Carolina-039
State Sen. Trudy Wade, North Carolina-027
State Sen. Ronald Rabin, North Carolina-012
State Sen. Michael Walters, North Carolina-013
State Sen. Bill Rabon, North Carolina-008
State Sen. Dan Soucek, North Carolina-045
State Sen. David Curtis, North Carolina-044
State Sen. Tommy Tucker, North Carolina-035
State Sen. Jim Davis, North Carolina-050
State Sen. Rick Gunn, North Carolina-024
State Sen. Kathy Harrington, North Carolina-043
State Sen. Gladys Robinson, North Carolina-028
State Sen. Buck Newton, North Carolina-011
State Sen. Ralph Hise, North Carolina-047
State Sen. Wesley Meredith, North Carolina-019
State Sen. Robert Clark, North Carolina-021
State Sen. Donald Davis, North Carolina-005
State Sen. Brent Jackson, North Carolina-010
State Sen. Bill Cook, North Carolina-001
State Sen. Chad Barefoot, North Carolina-018
State Sen. Fletcher Hartsell, North Carolina-036
Abolish the Self-Initiated Warrant Law, NC Statute § 15A-304
No innocent person should have to encounter such a demoralizing experience for a crime they never committed. It should be against the law for anyone to be arrested without evidence or complete investigation.

Sincerely,
[Your name]

Recent signatures

    News

    1. Reached 4,000 signatures
    2. Meeting with Senator Jeff Tarte - Thank you!

      Mia Floyd
      Petition Organizer

      Thank you for your support and kind words. Today I had an opportunity to meet with Senator Jeff Tarte – NC Senator District 41. Senator Tarte has most recently worked on amending NC § 50B-2. He was genuinely interested in my story and assured me he would work alongside his colleagues to help change this law. I will follow-up with Senator Tarte in a few weeks and keep you posted on our progress. Although I can’t erase my experience, my goal is to ensure this never happens to innocent citizens in the future.

    3. Reached 3,000 signatures

    Supporters

    Reasons for signing

    • John McCarty WAKE FOREST, NC
      • about 17 hours ago

      I find Ex Parte orders unconstitutional and damaging to those falsely accused without any sayso. Judges believe they are helping one but don't understand they are destroying another if falsely accused and should hear both sides of the story for all are created equal under the law.

      REPORT THIS COMMENT:
    • MiMi Lawson KERNERSVILLE, NC
      • 30 days ago

      This is only ONE VERY IMPORTANT LAW WHICH NEEDS TO BE REMOVED******I am NOT sure anyone really KNOWS OR CARES though UNTIL they also become a *VICTIM*.....This happened to a family member.....who had 7 (SEVEN) warrants taken out in less than 8 weeks. CAN YOU IMAGINE????????? DID ANY OF THIS NOT SEND UP A *RED FLAG* to the NC MAGISTRATE??????? Actually the same person had already taken out 2 other charges against the same person in another county.....the person took the warrants out and THEN DID NOT SHOW UP IN COURT....what is so very sad....people can do these wicked and evil things to people and WALK AWAY******like they did nothing. IT TOOK 4 attorneys and thousands of dollars to *FIX* the MESS that the person caused....and then was allowed to walk out of the courtroom WITHOUT ANYONE SAYING ANYTHING ABOUT WHAT THE PERSON HAD GOT BY WITH DOING..,.nothing. THERE IS SOMETHING VERY WRONG, WHEN STATE ACTORS CAN *ALLOW* such as this to take place. GOOD LUCK....but I truly DO NOT THINK ANYONE WILL DO ANYTHING ABOUT IT....THE LAWMAKERS DO NOT CARE WHAT HAPPENS*

      REPORT THIS COMMENT:
    • Michael Thompson WINSTON-SALEM, NC
      • about 1 month ago

      The NC self-initiated warrant for arrest law improperly and even perhaps illegally circumvents the 14th amendment’s requirement for due process of all accused state citizens; No state shall “deprive any person of life, liberty, or property, without due process of law.” Ms. Floyd’s petition may be the beginning of beneficial law reform at the state level.

      The purpose of a warrant for arrest, issued by a qualified magistrate, is to allow warranted arrest and prevent arbitrary arrest, and the legal formality of allowing practically anyone to just fill out an arrest form does not guarantee that the substance of the law has been considered at all, as Ms. Floyd’s case so clearly shows. If rubber-stamping every request for a warrant is Standard Operating Procedure, we’re all in trouble. The substantive issue is the protection of individual rights – of the right to be free from crime and to report it when it does occur, the right to confront one’s accuser in a court of law when false accusations are made, the magistrate’s acknowledgement of the presumption of innocence when evidence of guilt is lacking, and the obligation of law enforcement personnel to cease and desist from diluting the concept of probable cause with noble cause corruption (“Better to be safe than sorry – just lock everyone up whether there’s any sign of crime or not”). People are innocent until proven guilty, so encouraging the law to return to its proper roots shouldn’t be too difficult with a people who aren’t sheeple. Don’t follow the herd of sleepwalkers – wake up, North Carolinians, and remember the little argument your ancestors had with George III’s policy of arbitrary arrest, among other things. Maintenance of law and order by arbitrary arrest is not the way to fight crime in North Carolina - Not for men and women, anyway.

      REPORT THIS COMMENT:
    • kyle fox WINSTON SALEM, NC
      • about 1 month ago

      This is bs law. I have a record and due to this I'm automatically guilty in the state of North Carolina. Last October I was falsely accused of child abuse on a child that I've done everything in this world for. I have two kids of my own which I have never even spanked and that are scared thinking they could lose there father. 6 months after being accused for some reason a warrant was issued for my arrest. I went to district court and learned they're now moving me to superior and trying to charge me with a felony just because someone's say so.

      REPORT THIS COMMENT:
    • Sia Vang MORGANTON, NC
      • 2 months ago

      This law is unfair like the lady who wrote this I too am falsely accused of a crime that I did not commit. The accuser lied under oath and they get away for free while I'm stuck trying to get my life back in order. My career requires background checks and to have this on my record for life is not okay. I will suffer for the test of my life while the accusers go on with life like nothing is wrong. This law needs to be changed quickly and I will let all my friends and family know.

      REPORT THIS COMMENT:

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