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

This petition will be delivered to:

Governor of North Carolina
Governor Pat McCrory
NC Senator District 41
Jeff Tarte
NC Senator District 40
Malcolm Graham
NC Senator District 99
Rodney Moore
NC Senator - 37
Daniel Clodfelter
NC Senator - 38
Joel Ford
NC Senator - 39
Bob Rucho
County Representative - District 107
Representative Kelly M. Alexander, Jr.
County Representative - 103
Representative William Brawley
County Representative - 88
Representative Rob Bryan
County Representative - 102
Representative Becky Carney
County Representative - 100
Representative Tricia Ann Cotham
County Representative - 106
Representative Carla D. Cunningham
County Representative - 101
Representative Beverly M. Earle
County Representative - 92
Representative Charles Jeter
County Representative - 104
Representative Ruth Samuelson
County Representative - 105
Representative Jacqueline Michelle Schaffer
County Representative - 98
Representative Thom Tillis
North Carolina Governor
U.S. Senate
North Carolina State Senate
North Carolina
Sen. Kay Hagan

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:
Governor Pat McCrory, Governor of North Carolina
Jeff Tarte, NC Senator District 41
Malcolm Graham, NC Senator District 40
Rodney Moore, NC Senator District 99
Daniel Clodfelter, NC Senator - 37
Joel Ford, NC Senator - 38
Bob Rucho, NC Senator - 39
Representative Kelly M. Alexander, Jr., County Representative - District 107
Representative William Brawley, County Representative - 103
Representative Rob Bryan, County Representative - 88
Representative Becky Carney, County Representative - 102
Representative Tricia Ann Cotham, County Representative - 100
Representative Carla D. Cunningham, County Representative - 106
Representative Beverly M. Earle, County Representative - 101
Representative Charles Jeter, County Representative - 92
Representative Ruth Samuelson, County Representative - 104
Representative Jacqueline Michelle Schaffer, County Representative - 105
Representative Thom Tillis, County Representative - 98
North Carolina Governor
U.S. Senate
North Carolina State Senate
Sen. Kay Hagan, North Carolina
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 organiser

      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

    • Eve Venters CLINTON, NC
      • 3 days ago

      A warrant was issued for my arrest for trespass on my own property. My story is unbelievable. I would love to help push this

      REPORT THIS COMMENT:
    • Bonnie Peltier CAROLINA SHORES, NC
      • 18 days ago

      Wow it went from 906 signatures needed to 1906 needed 9 days ago to 5952 signatures needed today.

      REPORT THIS COMMENT:
    • David Hammond SIMS, NC
      • 19 days ago

      Same thing happened to me only I was charged with a drug charge that the police did little investigating of and now have court tomorrow even after the charges have been dropped by the D/A last time for the very incident

      REPORT THIS COMMENT:
    • Bonnie Peltier CAROLINA SHORES, NC
      • 27 days ago

      I have been following this petition for some time, checking in regularly, and it's a bit disappointing that there have been no updates from the petitioner. The last time I checked she needed 906 signatures but as of today she suddenly needs 1906 signatures. Where did the need for an additional 1000 signatures come from? Who sets the limits? I've tried messaging the petitioner to no avail. It is sad that she has seemingly forgotten what an important cause this is and how others are still being victimized.

      REPORT THIS COMMENT:
    • Maria Vicareo INDIAN TRAIL, NC
      • about 1 month ago

      It's important because vindictive, jealous people could jeopardize our legal system. It's dangerous!

      REPORT THIS COMMENT:

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