They took a dog and knocked down the door. Why NC police say they did nothing wrong

Responding to complaints that they violated a women’s civil rights, Roxboro police say they see no need to change their policies.

Officers acted properly in January when they seized a dog at Shayla Tapp’s home and within hours smashed her back door open with a battering ram to search for marijuana, said Capt. Chris Dickerson, a department spokesperson

“We are very empathetic to her feelings. I am sure that was a very embarrassing moment for her,” he said. “The officers did what they were supposed to do.”

Tapp, her attorney and NAACP members held a press conference in downtown Roxboro late last month saying Roxboro Police Department violated Tapp’s rights on Jan. 6.

Their concerns were reinforced by written comments from a prosecutor explaining why he on June 30 dismissed misdemeanor charges against Tapp. Officers showed up at Tapp’s house and took the dog with no legal authority or process, Assistant District Attorney Michael Carpenter wrote.

Body camera footage showed officers serving a search warrant in a “no-knock” manner at the residence despite there being no evidence provided of her being suspected of trafficking drugs or anything other than the lowest level misdemeanor, Carpenter wrote.

Tapp and her supporters in July said she should be given a cash settlement, officers should be fired and the department should change policies related to searches in which police enter homes with no or little warning, such as a quick knock then immediately breaking down a door.

Jan. 6 search and arrest

The police visits to Tapp’s home, she said, followed her seeing a woman with her missing dog after she dropped her two daughters at school. The woman voluntarily let her take the dog after Tapp showed her photos of it as a puppy, Tapp said.

Later that morning, police came to Tapp’s house. One officer came to the door, demanded the dog and didn’t listen to Tapp’s explanation, Tapp said. Tapp brought the dog to the front door, and another officer took it, Tapp said.

After obtaining a search warrant from a local magistrate, officers returned within hours to execute a SWAT-style raid around 1 p.m. in retaliation for Tapp expressing her displeasure about police taking her dog, Rubert-Schewel contends.

Officers obtained the search warrant after they smelled a strong odor or marijuana when they interviewed Tapp about taking the dog, the warrant states.

Officers found 2.6 grams of marijuana — an estimated value of about $9 — a police report states, and charged Tapp with possession of marijuana and possession of marijuana paraphernalia, both misdemeanors. The charges were dismissed in June.

Police defense

Dickerson defended the search of Tapp’s home. Officers smelled marijuana, an illegal drug in North Carolina, and cannot tell from an odor whether a small or large amount of the drug is present at a location, he said.

“It is within our policies and protocols that the officers did what they were supposed to do,” he said.

Tapp was walking out of the shower when about six officers entered her home, she and her attorney said. They had guns drawn and swore at her, she said.

Tapp dropped the towel she had wrapped around herself, the only thing she was wearing, as officers yelled at her to raise her hands and get down, she said.

Tapp said the incident traumatized her. And Rubert-Schewel said the forced entry was illegal, since there was no evidence that Tapp was denying or delaying access, he said.

But Dickerson disagreed with them and with the assistant district’s attorney’s written description that police entered the house in a “no-knock” style.

Police went to Tapp’s front door, knocked, and then walked to the back and knocked again before using a battering ram to force open the back door, the police captain said.

“The officers did what they were supposed to do,” he said.

Dickerson said the prosecutor’s note and the concerns it raised stem from miscommunication between police and prosecutors.

“It was just a miscommunication on what kind of documentation and paperwork that the DA’s Office was looking for,” Dickerson said.

A letter sent from the District Attorney’s Office requested police reports associated with the larceny of a dog investigation, Dickerson said.

“I responded with the only report on file that referenced the larceny of the dog investigation,” Dickerson said.

But Mike Waters, district attorney for Person and nearby counties, said his office sent a subpoena to Roxboro police related to the case.

He followed up with written correspondence requesting for all documentation related to the incident, he said this week.

Dickerson said he was unaware of any subpoena or follow up email.

Police records released

According to documentation provided by Person County officials this and last week, police received a call Jan. 6 at 9:58 a.m. from North American Aerodynamics at 1803 North Main St. and officers were dispatched to the address.

The person who reported a stolen dog said they have had the dog since September and had taken it to regular vet visits, police notes say.

Dickerson shared paperwork he said police received from individuals who contended they owned the dog.

It included a Sept. 17 Person County rabies vaccination certificate, an undated Person County Animal Services reclaim form where a man swore he was the rightful owner of a dog named Buddy, a Nov. 11 vet bill, and a Dec. 15 prescription for the dog.

No incident report was made about the reported stolen dog or about police officers taking the animal from Tapp’s home because officers handled the situation by returning the dog, Dickerson said.

Tapp’s attorney Abraham Rubert-Schewel wrote in an email this week they are working to resolve the concerns with police without filing a lawsuit.

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Virginia Bridges covers criminal justice in the Triangle and across North Carolina for The News & Observer. Her work is produced with financial support from the nonprofit The Just Trust. The N&O maintains full editorial control of its journalism.