Pittsboro, NC – It appears to be an unworkable solution in Bynum. If people are floating, rafting, swimming in the Haw River all day long while they are drinking, they are guilty of making illegal discharges into the river. Could they be arrested and prosecuted on that basis? No, not in the legal system and law enforcement environment of today.
Logical? In legal terms that could be proven in court (my bet) by the argument of res ipso loquitor, or the thing speaks for itself.
Enter the Catch 22 of law enforcement. You did not witness it, therefore, it did not happen. Oh the wondrous liberal who installed that thing into our legal system should have its true victims visit every night as did Scrooge’s ghosts.
I first heard this justification for not arresting tenants who destroyed my rental unit. I mentioned that there was a condition clause in the rental contract as well as a damage clause. The officer said that it would not hold up. I was required to have witnessed the damage being done in order to prosecute. Not even the testimony that I heard damage being done at 2 AM several nights seemed to stir the officer from her chair.
So. the law does not work in our favor, provides no safety for property owners, no sanctity for the righteous, no peace for the peaceful. I wonder when we in this country were last in this state of being abandoned by the ruling government.
If the Daltons defended their dog being attacked by the trespasser, they would have been prosecuted for shooting a dog, harassed for defending their property, or invaded by drunken trespassers with no recourse.
Instead of this CYA policy in law enforcement and in the practice of law, who will plead for the intent of the law? That being the protection of the law abiding, tax paying, honest citizen of this country and this state. I raise the example of the murder (not alleged) of Kate Steinle by a repeat offender illegal alien.
Thus, we lay the groundwork of our own undoing by denying the true tort, by abandoning our legal obligation to our citizens, by twisting the law to suit criminals, law breakers, and trespassers.