A legal question for the board
 

Around 10am this morning while I was working from home I had my screen open to my patio. I hear someone say "yo yo yo" they were really close to my patio. So I go to check it out and it's this random black guy he starts talking to me like he knows me and asks if I can let him into the building. I tell him to **** off and close my patio off and lock it. I call the cops by the time they get here he's already gone and the cops just shrug and tell me he's probably a homeless guy looking for shelter.

In the next few hours I'm told by another neighbor that he got up on her deck which is on the 3rd level and wouldn't go away. Cops never went up there instead just drove around. Another girl told us that same guy tried to follow her home a few weeks ago.

What are my legal rights here if the cops won't do anything but this guy continues to hang around and harass people? I'm not afraid of him myself but I do fear this could possibly end up bad for one of the female neighbors.

Cops don't really do anything anymore. You have to wait until its a murder or a rape for them to do anything.

They make handguns for situations like this

Give him some gun love. Defending your castle.

He was probably there looking for your mom.

JUNGLE LAW

I wasn't going to shoot him but I'd be lying if the though of taking the Louisville slugger didn't cross my mind. He's not worth going to jail over but I was curious what constitutes as legal defense I tried to look it up on Google. This seems way more than just a homeless man trying to find shelter especially with how he's acted towards women. The gal behind me is understandably terrified and it's rather frustrating the police just kind of stand by

So basically he has to either be inside my dwelling or rape 1 of these chick's before anything is done? This is kind of what worries me

You can do something to help him release his sexual tension.

Dress up as a cop and threaten him. If he doesn't leave, beat the shit out of him.

I can't wait for the follow up and thread: "how do I get a homeless guy to pay my medical bills after he beat my ass with a baseball bat"

Step 1. Make sure there are no security cameras in the area.

Yeah they’re not going to do anything until he commits a real crime aside from loitering. Just bust his legs up with a tire iron and tell him you’ll paint your patio with his brains if you ever see him around here again.

And if he’s a homeless black dude he’s not going to the cops. Threaten him or give him a light beating and you’ll all feel better and one of the chicks might suck your dick for being apartment hero.

Can’t rape the willing

You said dress up as a cop, NOT BECOME ONE!

;)

A few months back I notice a guy coming up on my front porch and then lay down face down on it. I was not going to waste any time dealing with this guy was not going to open the front door and allow him any easy entrance. So I went out the back door and picked up the spade I was using earlier and then out the back fence. Go around to the front of the house and here this mother****er sits face down on my porch. I say to him what the **** are you doing. He doesn't move. I say it again. Doesn't move. I tell him then I will cut you in mother****ing half with this spade. He looks up and damn near ran into my truck getting off the property. Haven't seen him since and likely won't.

Don't let any one **** around on your property. Make your terms clear to them that they will feel pain. They will just come back if they don't get the don't **** around point.

Have another guy in the neighborhood that I like to call, "Talks to trees". He don't talk to my trees any more.

Homeless crackheads aren’t real people. If it makes you feel better pretend he’s a possum or something while you crack his skull with the tire iron.

1. Cops have no legal duty to protect you, so you can't sue them and force them to take action. Further, if something happens to you, you can't seek a monetary award for professional neglect.

2. Second, use of force against a trespasser is a privilege that you only obtain if you have a reasonable fear that he is about to cause you great bodily harm. (A legal privilege is something that would normally be a crime but is allowed under the circumstances. It's what is called an "affirmative defense" in that you admit to the elements of a criminal act but plead an exception that allows it under the circumstances).

Him invading your home can create a presumption of threat in many jurisdictions. However, you can only use deadly force against a threat so long as they are creating a reasonable belief that they might harm you. For example, if they turn and run away, you can't pursue them and beat them with a bat, even if they grab some of your stuff.

3. If you do decide to do something to him, and the cops come DO NOT TALK TO THEM AT ALL. ONLY GIVE YOUR NAME AND IDENTITY and say "I WANT TO SPEAK TO A LAWYER" as the only response to any questions. Plus, you should only identify yourself if they place you under arrest. Until you are under arrest, you have no duty to identify yourself (unless you're in a traffic stop, because you are required to show an ID if you are driving a car. Note passengers DO NOT have to identify themselves.)

MAKE NO STATEMENTS without legal counsel. Not even about where you were, what you were thinking, why you did what you did....NOTHING. Repeat over and over, "I WANT A LAWYER, I WANT A LAWYER, I WANT A LAWYER."

4. Statements to police can only harm and cannot help your case. This truism is actually baked into the rules of evidence, in that a police report is actually hearsay evidence and thus, inadmissable in most situations. However, if you admit to some fact that harms your case, it becomes the hearsay exception known as "admission against interest."

Climbing your way up to a third floor balcony sounds like a bit more than just loitering.

Take her to a Gun Shop and let her blow a hole in this dude.

Whatever makes the loudest, longest amount of noise

You’re ****ed and anything you do is now premeditated.

24 posts in and no one has said anything about the George Brett statue. This place is falling apart.

Always keep an unregistered gun in your home so you can claim that you wrestled it away from the guy and shot him in self-defense.

the best thing to do is let yourself get raped then collect a sperm sample and sue. or maybe get on some kind of talk show .

Is that really relevant to the story?

Ask Clay who he called to get on the news. That should solve your issues

Pocket air horn, I’ve used it twice, they both hauled ass. One was a bum in my daughters yard and the other was a drunk who decided I was a Uber. Plus I don’t have to worry about legalities. Super easy to carry.

Yep, always have a throw away handy

Please post more about your daughter’s bum

actually if he gets on nextdoor his local community will take care of the problem

don't think billay has access to that resource though

Ok, that made me laugh.

I don’t think they have NextDoor in the ghetto

The app? I do but hardly on usually its people in Mission asking what that loud noise was

Let me guess he wasn't wearing a mask?

Tell him you are armed and show you are armed and he needs to move on. Then call the cops again.

When I say show him you are armed, please keep it in a holster unless it’s needed to be pulled.

Buy a 700.00 drone to monitor your apartment complex at all times

Please do not do this. Please, all I ask is do not do this. Some states that will get you serious time.

get on there and start a post tagged in your neighborhood

has to start somewhere, might as well be with you

Wouldn’t have this kind of crime if you moved to Waldo

Or maybe spend less than half and put nest outside cameras up in plain sit. Think a set of 3 is 200.

Sequence of events is a little confusing. Feels like from the POV of the cops when they arrived you told them he was no longer there so why would they have gone and looked on the balcony?

If while they were there they had an indication and he did more be in the area and was actively climbing the building there may have been more for them.

Maybe I am misunderstanding the post though. Did the police get word from you or those other people at any point about the escalation on the higher floor?

Man this is why I live in the country. When this shit happens I open the door with my pistol or shotgun. And depending on far I see them coming I pull my Winchester lever action.

mount a motion-activated surveillance camera back there

i have one of these and it's fantastic - records any motion to a flash card and also uploads it to server hosting the app so you can review suspicious activity in the morning if you're sleeping

also has an alarm and a floodlight - only thing that kinda sucks is running power to it

https://www.amazon.com/Security-355%...65333666&psc=1

This. Nest sells a set of 3 of Wi-Fi cameras for under 250 and they work great. Night vision. Clear video and you can speak through it as well so no opening of doors. I have 6 sets to put in my new house inside and out.

They got word after they came here and I talked to them. The girl called and she said all they did was circle the block and that was it

So Brock Middlebrook is back in town? Awesome, he still owes me $80. Please tell him I’ll take cash or yard work in lieu of cash.

Why didn’t you tell him he was going to get chin checked through his balloon knot if he didn’t scram?

If you have the raw materials, you could make him a fluffernutter sandwich.

A gun may scare him off now, but he'll be seeing dollar signs later. Easiest thing to sell ever invented

Pretty much

https://store.google.com/category/ne...pli=1&hl=en-US


This is the cam I was referring to. Such great products.

https://www.amazon.com/Blink-Outdoor.../dp/B086DL32R3


Blink Outdoor - wireless, weather-resistant HD security camera, two-year battery life, motion detection, set up in minutes – 2 camera kit

I am no legal expert so take this with a grain of salt. I don't think you would go to jail if he tried to enter and you have to shoot him to protect your home. But you could probably tell the cops that you're about to shoot somebody and that should get them there real fast.

As for the girl that is terrified of him, sounds like she should definitely get a gun and learn to use it.

This is good advice, especially that part about not talking to cops.

This

Did you tell him to meet you at the George Brett statue?

Sent from my SM-S906U1 using Tapatalk

Unpopular opinion anywhere on the interweb. And probably just a waste of my time here


Short version; Johnny’s points 1 and 4 are wrong. Bad advise. 2 is correct. 3 is correct if you actually committed a crime. But could also get you more charges, like interfering with an investigation etc

On to the OP, /douch/ hit the nail on the head, you left important info out. You said he went to the third story balcony and wouldn’t leave. Then when asked about that missing info you said she called the cops and all they did was drive around the block. So the trespasser is still on the balcony? No he probably has left before the cops showed up. That’s why they drove around the block looking for the trespasser.

Trespassing is a misdemeanor. Any advice on this board about beating or shooting a trespasser is terrible advice. If he threatens you, and you legit fear for your safety you will be able to defend yourself.

If the trespasser keeps coming back. Keep calling the police. Watch the trespasser while waiting for them to respond. Tell them where he is, Once he’s identified and given a trespass warning by the police he can be arrested easily the next time he comes back.

It’s part of a process. Slow? Sure. Frustrating? Absolutely! For you, your neighbors and the police. But stick to the process. The police can’t come in and arrest him for any of your possible feared outcomes.

Take a breath and control what you can control. Maybe stop watching crime drama TV.

CSI has ruined police-civilian expectations

Hire Bigfoot as security.

This is the truth. I know a bunch of lawyers and if there is one thing I've learned it's this: never screw around with people who have nothing to lose. Yes, you going outside and acting like you're Rambo may scare him off. Or it may just piss him off thinking you are some rich dude with a bunch of guns and now he's going to prove he's tougher than you. I'd certainly keep watch and install some cameras if I didn't have any, but I'd advise against being confrontational unless there is no other option. This is just like road rage, you never know what the other person you are going to confront is capable of until push comes to shove.

Bill have you considered moving out of the hood?

He's clearly on CP and was looking for a BJ

For sure, this - the best way to get to the bottom of anything is to cast a post out to 1000's of Karens.

Hey yu

ROFL

This is actually a great idea. Why waste all this mental energy on this guy? Get the Karens riled up and they'll take care of this without you having to do anything more.

Being a LEO how often do you see things like this escalate? Usually the transients keep to themselves. This is the first that I've seen anyway that comes onto people's property

You have every right to tell someone in very clear terms to leave your property. They don't have any right to attack you over it.
This non confrontational approach to asserting your rights as the property owner is dumb. Maybe in suburbia the police show within minutes to handle the shit you should have in the first place. Like telling someone to leave your property because it might make you afraid and feel a little anxiety. But response times even in inner cities can be a pain in the ass, with even a lot of calls never being responded to as either the caller doesn't want to be contacted or the when law enforcement drove by saw nothing amiss. Rural areas have the same response time issues. In some cases even worse.

Be careful when unleashing The Karen. It's difficult to direct it's power.

The guy clearly doesn't give a shit. He climbed onto a 3rd floor balcony.

If you see him again ask him if he's a :arrow:CHIEFS fan. If he says yes invite him over to watch a game

He's trying to steal anything he can.

Won't work. Harry is a vegan and wanders off site too much.

In 29 years of experience I’ve never seen it escalated past a repeated trespass and citation after police contact.

Of course that doesn’t mean it can’t. But you have to do your part by calling, staying on the line and pointing the guy out to the responding officers.

The climb to the third story balcony is not a great sign that this is a rational person trespassing at your apartment. But there so many possibilities for his actions, that assuming his intent is irresponsible at this point. He’s seeing what he can get away with. Or he’s not all there mentally. Maybe he thought he knew the person in your apartment or upstairs.

In any case. Don’t wait to call.

I don't even watch CSI. I made my comments based on real life experience as well as the hundreds of stories and youtube vids I've seen.

CC, I have no doubt that you are a good officer but the problem is that there are plenty of bad ones out there, too. I knew I guy that I went to church with years ago that was a capital police officer who was just a great guy and good officer, as well. But I've also had bad experiences with the police, especially in my city of Topeka. I just have no faith in them at all any more. It seems that they are more interested in nabbing every traffic violation that they can while ignoring things that aren't revenue generators, such as property crimes.

Nutella and a package of some quality shortbread cookies should be a good peace offering.

A lot of homeless really like Nutella. Should also include a quality spatula.

Black guy. There's your problem. Cops can't do shit without getting a lawsuit

Why didn't you just beat him up? You're always threatening people on here Billy Badass