Castle Doctrine Law Takes Effect Thursday

North Carolina’s new “Castle Doctrine” law, which addresses certain circumstances under which a person can legally shoot or use other deadly force against another, takes effect Thursday.

Law enforcement and weapons experts say the new law, which was passed by North Carolina legislators in June, will give state residents a clearer perspective on when they are authorized to use “deadly force” against an assailant or robber.

“People have always had the right to defend themselves, but it does give you more protection,” said Lee County Sheriff Tracy Carter, a proponent of the new legal provisions.

North Carolina’s current Castle Doctrine only applies to homes, but under the new law it also applies to vehicles and places of work. The Castle Doctrine, rooted in English common law, expresses the belief that one should be safe from illegal intrusion in one’s home.


Previous laws granted some leverage inside the home, but new regulations extend that refuge to property like cars or campsites. One of its more controversial stipulations will grant permission to licensed gun owners to carry a weapon into state parks.

Dave Wulff, a retired Cary police executive and a firearms instructor at Sanford’s Deep River Sporting Clays and Shooting School, said earlier laws allowed residents to use deadly force if a burglar is in the process of breaking into the home, although the rules change once the intruder is inside.

At that point, an individual would have to abide by common law provisions that required a person to fear they were in imminent danger of death, injury or sexual assault before using deadly force.

Wulff, a Deep River instructor since the state’s current gun laws were enacted in 1995, said many of his students were baffled by the distinction.

“What it’s ultimately done for some people is clear up some things in the law that maybe needed to be cleared up,” Wulff said.

New laws will open the door for individuals to refer to a tougher Castle Doctrine, a legal guidepost authorizing a resident to use force to protect their home.

Critics of the argument say the eased restrictions could lead to more violence and unnecessary shootings, problems that advocates say will be non-existent for trained, licensed gun owners.

Sanford Police Department Chief Ronnie Yarborough said the doctrine and the new law assumes that a person should be safe from attack inside their home.

“The changes should make things a little more clear for people and make people more comfortable,” Yarborough said. “Pretty much in this law is a presumption that basically if you fear for your life, you can use deadly force.”

Yarborough said previous rules pushed an individual to indicate some form of retreat before taking action. That is not the case anymore, according to Yarborough.

“I think the changes will be popular with basically the law-abiding citizens and give them more right to protect themselves,” he added.

Leaders said the new legislation will have little to no effect on law enforcement, with Yarborough promising officers will continue to thoroughly investigate shootings involving home intruders.

The new law defines a person’s home as any property with a roof where the person lives and also includes “curtilage,” which is the area immediately around a home. It defines a person’s workplace as any property with a roof used for commercial purposes. It says a home or workplace can be temporary or permanent and specifically says either one can be a tent.

Under the new law, the lawful occupant of a home, motor vehicle or workplace isn’t required to retreat prior to using deadly force.

The new law presumes that a person who unlawfully and by force enters or attempts to enter one of these locations intends to commit an unlawful act involving force or violence.

The new law presumes that a lawful occupant of a home, motor vehicle or workplace reasonably fears imminent death or serious bodily harm to himself, herself or another when using defensive force likely to cause death or serious injury if:

• the person against whom defensive force was used was unlawfully and forcefully entering or had already entered a motor vehicle, or workplace, or if the person had taken or was trying to take another person against his will from the home, motor vehicle or workplace;

• the person using defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

When deadly force isn’t lawful

The new law says presumption of lawful use of deadly force does not apply when:

• the person against whom the defensive force is used has the right to be in or is a lawful resident of the home, motor vehicle, or workplace, and there is no written injunction or order prohibiting contact;

• the person sought to be removed from the home, motor vehicle or workplace is a child or grandchild or is in the lawful custody or under lawful guardianship of the person against whom defensive force is used;

• the person using defensive force is using the home, motor vehicle, or workplace to further any criminal offense that involves the use or threat of physical force or violence against anyone;

• the person against whom the defensive force is used is a law enforcement officer or bail bondsman in lawful performance of his official duties, and the officer or bail bondsman identified himself or herself or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer or bail bondsman;

• the person against whom defensive force is used has discontinued efforts to unlawfully and forcefully enter the home, motor vehicle or workplace and has exited those locations.

Defense of self or others

The new law also modifies rules of self-defense and defense of others.

It provides a person using non-deadly force with immunity from civil and criminal liability if the person using it reasonably believes it’s necessary for defense against imminent unlawful force.

It says a person can use deadly force without first retreating if the person reasonably believes it’s necessary to prevent imminent death or great bodily harm to himself or another person or under circumstances permitted under the state’s revised Castle Doctrine.

It says a person using non-deadly or deadly force in accordance with the new law is protected from civil or criminal liability unless he used it against a law enforcement officer lawfully performing his duties and the officer identified himself as required or the person using force knew or should have known that the person was a law enforcement officer lawfully performing his duties.

Defensive force isn’t justified for people committing or escaping after committing a felony or who provokes the use of force.

The new law says a person attempting to commit, committing, or escaping after the commission of a felony isn’t justified in using defensive force.

The new law says a person who provokes use of force against himself is justified in using defensive force if he believes he is in imminent danger of death or serious bodily harm and has no reasonable way to escape. It says this person is also justified in using defensive force if he clearly indicates he wants to withdraw from physical contact and the other person continues use of force.

Old law much shorter

The much shorter law being replaced says, “A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder’s unlawful entry if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.” It also says, “A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.”

Carter said the biggest benefit will be seen for lawful residents who can take up arms against robbers.

“It’s going to happen to one of these thieves that continue to break into homes, or somebody that chooses to take others’ property,” Carter said. “It’s going to happen because people are tired and fed up. This should be a warning to people that prey on other people.”

City Man Arrested for Morphine and Firearm

Malachi Keel, 65, of 500 Dudley Street, Sanford was arrested on 11-30-2011 for possession with intent to sell a schedule II controlled substance (Morphine) and possession of a stolen firearm. Keel was released under $10,000.00 bond.

Agents Arrest Two

David Vincent Morrison Jr, 32, of 1103 Goldsboro Ave, Sanford, was arrested on 11-22-2011 by County Drug Agents for possession with intent to sell Cocaine, Possession with intent to sell a schedule IV controlled substance (Alprazalam), Sell and Delivery of Cocaine, and Possession of Drug Paraphernalia. He was placed in the Lee County Jail under $35,000.00 secured bond.

Joshua Keith Wilson, 25, of Cary, was arrested on 11-27-2011 for possession of a controlled substance in a jail Facility, possession with intent to sell a schedule IV Controlled substance (Xanax), and possession of drug paraphernalia. He was placed in the Lee County Jail under $5000.00 secured bond.

Five Tips for Safe Holiday Shopping Online

1. Shop Securely with HTTPS:

Have you ever noticed that some websites have HTTPS versus HTTP in their URL? Sometimes it’s accompanied by a little padlock icon.

The added on “S” stands for Secure. What this means is, the site is, for the most part, safer because all the private information you send to the site, like credit card numbers or your home address, is encrypted. In simple terms, encryption is the process of scrambling sensitive information so that any outside parties other than the vendor themselves can’t access your information.

Best practice is to only make purchases on websites that have HTTPS; however, if you come across one that doesn’t, you could try something like the HTTPS Everywhere add-on for Firefox. Whenever possible, this add-on will switch the websites domain to a secure one, giving you a safer shopping experience.

Below is what it’ll look like once it’s installed. From here, you don’t have to do anything. The add-on will automatically secure URLs whenever it can.

2. Don’t Use Auction Sites – They Can Be Risky:

During the holidays, it’s always best to avoid sites like EBay, Craigslist or Penny Auction where individuals are selling products. Even third-party retailers through Amazon can be sketchy, so try and stick to Amazon proper or other reputable companies that have a good seller history.

There are two reasons for this. First, you’re trusting an individual with your purchase, regardless of whether or not they use a secure transaction method like Paypal. They’re not a company or an organization and therefore have zero liability if things go wrong with your purchase. And second, scam artists are more likely to set up false accounts during the holidays. Their aim is to target shoppers looking for specific gifts that you can’t find in stores, or shoppers who are looking to get a “cheaper deal” on something that’s being resold.

3. Don’t Allow Sites To Save Your Credit Card and Personal Information:

Saving your credit card information on retail websites can create a more convenient shopping experience, but is it safe? Not if hackers have a say in it. And that’s what Sony, a very large and reputable company, learned the hard way when their user database was hacked earlier this year. The hack, which exposed the personal information and credit card numbers of nearly 77 million customers, was an eye-opener, not only for Sony, but for all major online retailers and service providers that store user information.

On the other hand, the auto-fill feature that exists on most web browsers is something to think about, as well. When entering your information on a particular website for the first time, your browser might ask you if you want to save (or automatically save) said information. If anyone were to get their hands on your laptop, well, I’m sure you can determine the risk.

In the end, it might be worth taking that extra 30 seconds to manually enter your information at checkout.

4. Don’t Click on Pop Ups and Avoid Email Scams:

Smaller online shopping sites tend to have more pop-up ads, especially during the holidays because they know people are shopping. These pop-ups usually scream “good deals”, but in reality the only person getting a good deal is the scam artist or phony company behind it.

Your personal information isn’t the only thing at risk here; there’s a good chance your computer will catch a virus, too. There are plenty of signs to watch out for; probably too many to even list out, so best practice is to NEVER click pop-up ads. If it sounds too good to be true, it probably is.

The same warning goes for email scams. These are much easier to fall for because they are directly targeted at you, and they can be disguised VERY well. Scammers tend to double their efforts around the holiday season, so be very careful when digging through your inbox.

5. Watch Out For Facebook Scams:

Email isn’t the only way scam artists target holiday shoppers. Facebook has proven time and time again to be a viable way of reeling in deal hunters. In order to keep your personal information safe and prevent your account from getting hacked into, make sure you use the privacy settings to their full potential. As well, refrain from clicking quizzes or questionnaires that promise coupons or free gifts.

The same holds true for adding applications. Be careful about which applications you add since some of them mimic legitimate applications and will steal your log-in and other personal information after you’ve granted them access.

Finally, you want to be on the lookout for friends on Facebook that have been posting strange status updates and liking posts that look questionable. There’s a good chance they fell for one of the scams mentioned above and they’re not actually posting these updates themselves. Just remember, if something looks too good to be true, then it probably is!

Example of a malicious application requesting access to all your information.

Example of a scam that steals your information and spams your friends.

So, parents, these five simple points will help ensure you have a safer holiday shopping experience. There are plenty of other precautions that I haven’t covered here, but this is the bulk of it. Just keep in mind that the holidays are a prime time for identity thieves and scammers to do their dirty work, so be extra careful when clicking around looking for the best deals. And if you have any tips you’d like to add, please share in the comments below. Safe shopping!

Sheriff Urges Holiday Shopping Safety

“The holiday season is right around the corner and shoppers are crowding local businesses to buy the latest gadgets and find the best deals,” said Sheriff Carter.

But what shoppers are neglecting is their safety. According to Sheriff Carter, “This time of year attracts more shopping-related criminal activity because of the larger crowds and the extended store hours. These factors and the usual distraction of shopping, creates a more favorable environment for petty thieves and other offenders.

The Sheriff reminds all Lee County residents to follow these safety tips:

Shopping Safety:

· A single shopper is the best target for theft. Always shop with a friend or relative.

· When going shopping, tell someone where you are going and what time to expect you to return. Also, make sure they know what you are wearing, as well as the type of vehicle you are driving.

· Shop during daylight hours. If you shop at night, park your vehicle in a well-lit area.

· Dress casually and comfortably and avoid wearing expensive jewelry. If carrying
cash, keep it in your front pocket rather than in a purse or wallet. This makes it much more difficult for a pick-pocket to remove. Also store car keys in a pants or jacket pocket. If your purse is stolen, you will still be able to drive home.

· Pay careful attention to your surroundings and avoid overloading yourself with packages. It is important to have clear visibility and freedom of motion to avoid mishaps.

· When returning to your vehicle, check around it and in the back seat. Be aware of strangers approaching you for any reason. Have you car keys in your hand to avoid spending unnecessary time unprotected from the security of your vehicle.
If you have a keyless entry system, pressing the “Panic” button to sound the horn is usually effective to bring attention to your situation.

· If you feel uneasy returning to your vehicle alone, find a security guard and ask them to walk you to your car.

· If it gets dark outside when you are done shopping, try to get an escort or security guard from the store to walk you to your car. If this is not possible carry a self defense product (pepper spray, etc) with you and have it ready when you go toward your car.

According to Sheriff Carter “During this time of year, busy holiday shoppers become careless and vulnerable to other crimes as well. Credit card fraud and gift card fraud are on the rise. However, taking a few preventive measures can help.”

Credit Card Fraud:

· Keep a close watch on your credit card every time you use it, and make sure you
get it back as quickly as possible.

· Never write your PIN number on your credit card.

· Never leave your credit cards or receipts lying around.

· Shield your credit card number so that others around you can’t copy it or capture it on a mobile telephone or other camera.

· Only carry credit cards that you absolutely need.

· Shred anything with your credit card number written on it.

· If you’re planning to purchase online, make sure the web page where you enter your credit card information is secure through SSL (Secure Socket Layer). You can tell if the web page is secure by looking for the gold lock or key icon at the bottom corner of your browser window.

· If you’re not comfortable submitting your information through the internet, call the seller and give them your information over the telephone. Never send your credit card information via email.

· Check the company out. Only do business with companies that provide a physical address and telephone number.

· Keep good records. Always print out a copy of any online products or services you purchase.

Gift Card Fraud:

· Never buy gift cards from online auction sites. This is a large source of gift card fraud. Many of the gift cards are stolen, counterfeit or used.

· Only buy gift cards directly from the store issuing the gift card or from a secure retailer’s website.

· Don’t buy gift cards off of publicly displayed racks in retail stores. Only purchase gift cards at the sales terminal from the cashier.

· Always carefully examine both the front and back of a gift card before you buy it. If you see a PIN number, ask for a different card. If the card looks like it has been tampered with in any way, put it back.

· Always ask the store cashier to scan the gift card in front of you. This will guarantee that your card is valid when you buy it and that it reflects the balance you just charged it with.

· Always keep your receipt as a proof of purchase as long as there is money stored on the gift card.

· If possible, register your gift card at the store’s website

· Never give your Social Security number, date of birth or any other unneeded private information when purchasing a gift card. No reputable company will ask for this information.

In light of these problems, Sheriff Carter warns shoppers to be careful so that they don’t become the victim of criminal activity. “Unfortunately, when shopping, people have a tendency to let their guard down,” said Sheriff Carter. “However, paying attention and taking precautions can help eliminate their chances of being victimized.”