Quote:
Originally Posted by crazycoffey
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
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Nonsense.
1. Point 1 is correct. Please cite legal authority if you wish to dispute it.
Police SAY they exist to "Protect and Serve" but this is a lie.
When it comes right down to it, there is no legally enforceable obligation for police to protect you. The Supreme Court established this rule in 1989 (
DeShaney vs. Winnebago County)
At best, you might be able to file a complaint to a police department about an officer's failure to take action. AT MOST, the officer could face some kind of internal review. But you can't win a tort suit against the police department or an individual officer for failing to protect you, even if a police officer sits on his/her hands and watches while a perp empties a machine gun clip into your head. This officer will also face no criminal culpability for failing to take action.
If, for example, you faint in an alley and fall underneath the exhaust of an idling truck while a police officer sits in his cruiser munching on a Dunkin Doughnut and streaming your death to Facebook live, your family still can't sue. The officer won't go to prison or even get charged with a misdemeanor.
The worst that will happen to him/her is to get fired due to public pressure, but this only would happen based on the internal standards of the police department. MAYBE the state legislature might vote to compensate you, but it won't be compelled by law. It would essentially be a fairy godmother gift from our political masters.
4. Exacty when does talking to police help a suspect's case? Tell me. I'd be interested in hearing this.
The problem for a citizen talking to police is that you never know if you're a suspect or not, and it's perfectly legal for police to lie to you. In fact, police ARE TRAINED TO LIE TO YOU in many situations.
For example, you cite the possibility that not talking to police can lead to an obstruction charge. ARE YOU ADMITTING THAT POLICE REGULARLY ABUSE THEIR AUTHORITY BY MAKING UP CHARGES IF A CITIZEN ANNOYS THEM?
Citizens have no obligation to talk to police. The safest course of action is to not talk to them.
Here is criminal law professor James Duane on this subject:
2 & 3. Uhhh, it also applies if you're a suspect in a crime. Saying that it only applies if you committed a crime assumes that police only charge guilty people. This isn't the case. For example, Illinois abolished the death penalty in 2011 b/c they found 20 wrongful convictions out of 305 on death row (which is a 6% error rate).
And, as I mentioned above, a citizen can never know if they're a suspect b/c police can lie to you about your status.