My question involves criminal law for the state of: North Carolina
It seems that a certain officer has a bad habit of mixing personal business in with his duties as a law enforcement officer. I can give two personal examples:
This officer is a friend of an ex-girlfriend and her daughters, one of which is a minor. The minor daughter called him up on a friday night, while he was on duty and in the middle of a field staging a drug bust, and asked him for some money. He said sure, that he would drop it by later that night, approximately 4 hours after the time the call was placed. Approximately an hour later, he shows up unannounced. He then proceeds to ask where the dope is. I told him I smoked it all. He then proceeds to search my vehicle with my permission. He finds my "HOMEMADE MARIJUANA PIPE". He then threatens to have six(6) officers here to tear apart the house and car if I don't tell him where the dope is. He goes back in the house, without my permission, and without my ex-girlfriend's (or her children's) permission and searches the trashcan in the house, finding an empty baggie. He takes my information, and leaves.
The next day this same officer comes up to the house and gets the daughter to leave with him, and go to his house. I knew nothing of her whereabouts, and neither did her mother who was out of town. I was asked to check in on this minor while her mother was out of town. Imagine my surprise when I find out she has been taken by an officer. I asked her if she wanted to be there and she stated no she did not, and that she had voiced this opinion to the officer.
Now my questions:
-Can an on-duty sheriff mix personal and duty business? (I think not, I know we couldn't in the military) and if not, could I have this case thrown out?
-Can this sheriff be charged with kidnapping?