Clayton police chief demands change


The case of Gina and Hoyt Tessener got Allen's attention. The couple filed a complaint alleging troopers bullied and harassed.

"I think this is a change NC law needs," Allen said.

The law he is referring to states that if you're arrested, you have to go to the magistrate's office no matter what, even if the situation suddenly changes. The law also states the person doesn't have to remain in handcuffs.

Allen says in Gina Tessener's case, the trooper said he smelled alcohol on her. Then she blew a .00 twice.

"It was just so simple to just say, oh, you blew 0.00. Oh, I made a mistake just go home," The Chief added.

Allen says the trooper couldn't do that because of NC law and in Clayton, he does things a little different.

"If we find during the arrest, that the probable cause has changed during the time of the arrest we will release or un-arrest that person," he added.

Chief Allen wrote an email to his state senator and local representatives about the law.

"It's been in the news lately and other states have this law, and it would be smart if North Carolina had it too," he wrote.

Allen says he's received a good response to his email.

He says the arrest law could change for officers this session if there's an amendment to the bill. However, if a new law is needed, we'll have to wait until 2012.

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