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Old 08-16-2022, 08:11 PM  
Titty Meat Titty Meat is offline
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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.
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Old 08-16-2022, 09:45 PM   #46
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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
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Old 08-16-2022, 09:47 PM   #47
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Originally Posted by Hammock Parties View Post
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

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.
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Old 08-16-2022, 09:57 PM   #48
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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?
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
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Old 08-16-2022, 09:59 PM   #49
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Old 08-16-2022, 10:02 PM   #50
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Old 08-16-2022, 10:05 PM   #51
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Old 08-17-2022, 04:07 AM   #52
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Old 08-17-2022, 04:23 AM   #53
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Quote:
Originally Posted by Titty Meat View Post
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
Pretty much
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Old 08-17-2022, 04:58 AM   #54
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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
https://store.google.com/category/ne...pli=1&hl=en-US


This is the cam I was referring to. Such great products.
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Old 08-17-2022, 05:50 AM   #55
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Old 08-17-2022, 06:05 AM   #56
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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
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.
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Old 08-17-2022, 06:11 AM   #57
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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."
This is good advice, especially that part about not talking to cops.
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Old 08-17-2022, 06:20 AM   #58
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This is good advice, especially that part about not talking to cops.
This
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Old 08-17-2022, 06:29 AM   #59
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Old 08-17-2022, 06:36 AM   #60
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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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