The episode revolves around an interaction between William Barnwell, an Alabama resident, and North Carolina Probation and Parole Officer Harold Mashburn. Barnwell was driving and claimed that Mashburn was driving slower than the speed limit, which led to Mashburn stopping Barnwell for a traffic violation. Barnwell refused to provide his identification, stating that he was not on probation and had never been in trouble.
The episode discusses the role and authority of probation and parole officers, which vary greatly between states. In North Carolina, probation and parole officers are assigned to monitor criminal offenders who are sentenced with probation instead of jail time or granted parole after serving time in prison. Their role and authority can range from being court officials that serve more of a social work function to being considered peace officers.
The episode also highlights the Fourth Amendment, which states that an individual is considered seized for Fourth Amendment purposes when an officer intentionally terminates or restrains their freedom of movement through physical force or a show of authority. A traffic stop is considered a seizure of every individual in the stopped vehicle, including both passengers and drivers.
The episode concludes with a discussion about the duration of a traffic stop, which is determined by the seizure's mission to address the traffic violation that warranted the stop and attend to related safety concerns. The episode also mentions that the North Carolina Supreme Court held in the 2020 case of State versus Reed that police diligence includes more than just the time needed to issue a citation. An officer is permitted to ask a detainee questions unrelated to the purpose of the stop in order to obtain information confirming or dispelling the officer's suspicions.
Overall, the episode criticizes Mashburn's conduct, stating that he acted outside the bounds of his authority as a probation officer when he stopped Barnwell for driving aggressively. The episode concludes with a discussion about the potential legal implications of the situation and the possibility of Barnwell pursuing legal action.
1. The incident occurred on August 4th, 2021, in North Carolina.
2. The incident involved an Alabama resident, William Barnwell, who was driving behind North Carolina probation and parole officer Harold Mashburn.
3. Mr. Barnwell claimed that Officer Mashburn was driving slower than the speed limit in the left lane for several miles.
4. Mr. Barnwell passed Officer Mashburn on the right side when the lane opened up.
5. Officer Mashburn then held up his badge and motioned for Mr. Barnwell to pull his vehicle over to the side of the road.
6. Mr. Barnwell complied with the request.
7. Mr. Barnwell refused to identify himself, stating that he is a probation officer, not a police officer.
8. Officer Mashburn refused to answer whether he was detaining Mr. Barnwell.
9. Mr. Barnwell repeatedly asked Officer Mashburn if he was being detained.
10. Officer Mashburn refuses to answer the question.
11. Mr. Barnwell left the scene after approximately 30 minutes of being detained.
12. A police officer arrived on the scene and allowed Mr. Barnwell to leave without further incident.
13. Mr. Barnwell posted several videos on his YouTube showing the interaction and the situation received some local media attention.
14. The Public Safety Department's spokesperson, Greg Thomas, stated that Officer Mashburn did not have the authority to stop other vehicles and officials are investigating the matter.
15. As of the date of this episode, it is unknown whether Mr. Barnwell will be pursuing legal action.
16. Officer Mashburn gets an F for conducting a traffic stop without the authorization to do so, falsely detaining Mr. Barnwell and his wife, and for misrepresenting and blatantly disregarding the bounds of his authority as a probation officer.
17. Mr. Barnwell gets an A minus because although he could have exercised his right to silence more tactfully, he remained calm and collected throughout the encounter, rightfully challenged the legitimacy of Officer Mashburn's conduct, and maintained a respectable balance between complying with Officer Mashburn's orders and ensuring that his constitutional rights were respected.
18. The responding trooper gets an A plus for approaching the encounter calmly and objectively, actively working to de-escalate the situation, and for engaging in a civil dialogue with Mr. Barnwell.