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Baitball Blogger

(46,757 posts)
Wed Oct 3, 2018, 10:33 AM Oct 2018

Laws of required confrontation in civil matters should be revisited.

As hard as it is to believe, civil law requires confrontation where your property rights are involved. You see someone act oddly, taking liberties with your property, and it's up to you to walk up to them and engage in conversation.

Though this sounds like a straightforward response, it does not reflect the changes in tensions that exist in many of our communities. I mean, in a community where Trayvon Martin couldn't even walk safely on a street to get home, how much safer would it be to go knocking on a neighbor's door to ask them to stop trespassing on your property? I realize that among my caucasian friends, this might sound like a given, but it is a real issue for minorities who believe that the key to longevity is to avoid confrontation.

Then you add the way the laws have changed to make it easier for people to justify a fatal response, laws which to my observation have favored the part of the population who think their guns should be used as a final word.

In sum, these are two legal tenets which make our communities more hostile places to live in and should be revisited.

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Laws of required confrontation in civil matters should be revisited. (Original Post) Baitball Blogger Oct 2018 OP
A letter usually suffices Ex Lurker Oct 2018 #1
I agree that law enforcement should play a role in this. Baitball Blogger Oct 2018 #2

Ex Lurker

(3,816 posts)
1. A letter usually suffices
Wed Oct 3, 2018, 10:41 AM
Oct 2018

I'm not aware of any jurisdiction that requires face to face interaction, but I'm open to being corrected. If it's an immediate thing, you can always call law enforcement and have them escort you.

Baitball Blogger

(46,757 posts)
2. I agree that law enforcement should play a role in this.
Wed Oct 3, 2018, 11:04 AM
Oct 2018

That would resolve a huge problem because they are effective.

But this was my experience in a recent situation when I visited the police department:

(1) I had proof on a USB. Some shots were taken in the early morning hours when it was too dark to make a firm I.D., but many were in bright morning light.

(2) I went into the police department and said I was there to file a complaint of trespassing and the first response was they do not get involved in trespassing cases because it's a civil issue. They said they could not even file a warning unless they were on property and saw it with their own eyes, therefore, looking at the USB was pointless.

(3) I persisted. I think it was the comment that I would post on social media that finally got me in the backroom to talk to the on duty officer.

(4) It was a chore just to get him to look at the video. The first one he saw was in the dusky light and he quickly said that he couldn't see details, thus couldn't do anything. I was stunned, because I had evidence of several trespasses. I found one in broad light and he changed his demeanor and was more helpful from that point on. But until then, a lot of time was spent on questions that I think wasted a lot of time. As much as filing a complaint made the most common sense response, it was the sticking point. It wasn't until I said that I was alright with someone visiting the neighbor to pass on the request to desist that everything changed. So, there was no process to file a formal complaint, but they were okay with passing on the information.

Overall, I think our police department isn't eager to jump into these issues, which may have something to do with our good ole boy community. Look at it from their pov: God help them if they have to defend one of us against one of the stalwarts in this community.

I will say that, in the end, I am grateful to the officer for taking the time to get involved. His response seems to have worked, so far, since there have been no more trespasses. I just hope that this is a learning experience for all of us, and that the department can provide fair service to everyone in the community without worrying about stepping into political trappings. That's just a conclusion from my summation of what was happening.

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