my neighbor again has asked: "When a police officer came to my house asking me questions, after my neighbors called and lied and said I had been cutting their bushes etc, did I have to talk to him or could I have refused until I had consulted my lawyer and could I have requested to get my hand held tape recorder first before he started asking questions ? What are my rights here, I can't afford to pay $100's of dollars an hour for an attorney for these kinds of questions. Any lawyers, officers, attorneys. legal aides here ?
2007-08-31 14:21:40 · 10 answers · asked by I Love Jesus 5 in Politics & Government ➔ Law & Ethics
my neighbor has been harrassed like this for years by these horrible neighbors and they are like magnificent liars so that the police always come out, but she is 100% innocent and did nothing
2007-08-31 14:29:34 · update #1
If Ted Bundy type were your neighbor and could lie as well as he did and Jeffry Dahmer, don't you think the police would belive those excellent lies, Did you know a sociopath can pass a lie detector test while they are lying,
2007-08-31 15:36:47 · update #2
Most of the problem in not talking with an officer is that they only get one side of the story and their evaluation is based on the complaint that they are there to investigate. If you do not have anything to hide....and you are an adult with a normal intelligence level....talk with the officer and tell them your side of the story. Obviously if you've screwed up and did something illegal...then time to pay the piper! In your situation if the bushes were on your side you can cut them, if you had to go on their lawn to cut their bushes then....get yourself an attorney.
2007-08-31 14:31:13 · answer #1 · answered by malter 5 · 0⤊ 2⤋
The neighbor lied and called the cops because they said you were cutting their bushes?
The cop did the right thing to come and ask you for your side of the story. Tell him the truth. If you did not cut the bushes, tell him you did not cut the bushes and cooperate with the officer.
If the officer can not prove that you cut the bushes then that will be in his report. Give the cop some credit - they know what a crack pot looks like and he does not appreciate having to take his time away from protecting the community from criminals because your neighbor's bushes got cut. The nicer more helpful you are to the officer - the more of a nut job your neighbor appears.
Get a copy of the reports and hold them in a file. If the neighbor keeps filing bogus reports against you, there may be action you can take against the neighbor. And when the officer comes back in the future on more bogus stuff - you can pull your file and show it to the officer in support of your case (that the neighbor is crazy).
2007-08-31 14:31:24 · answer #2 · answered by Boots 7 · 2⤊ 2⤋
A common misconception most Americans have is that there is a legal obligation to speak to the police when they come knocking or calling or whatever.
The only thing you are legally required to give to the police is:
1) your license and vehicle registration if you are pulled over while driving
2) your identification if the police stops you in a public place and the police has probable cause to believe your presence there is not authorized or illegal
3) your consent or denial of consent if the police wants to search your person or property (in advance of an arrest) without a warrant.
Otherwise, you are not required to answer the policeman's questions (either before being arrested, or after).
As a practical matter, if you have done nothing wrong (except in the case of a traffic stop), it's a good idea to answer the police's questions. On a traffic stop, do NOT answer the police's questions at all....especially the one "Do you know why I pulled you over?" unless you want to essentially admit guilt. The police keep notes of their traffic stops (in case the driver wants to go to court, and if you admit guilt to the cop, he's going to write it down).
2007-08-31 14:44:54 · answer #3 · answered by Anonymous · 2⤊ 1⤋
I don't know if you know this but officers can lie to get what they want. Those tickets he has are bull **** and you can fight them since he has no proof and more than likely you will get off on those tickets. I would file a complaint against the officer at the department, speaking with his superior. Now if that doesn't work, I would suggest talking with that lawyer again and taking the dept to court or atleast go to the courts and seeing about filing a harasment charges against the dept and or officer. It may be your only bet.
2016-05-18 02:33:42 · answer #4 · answered by ? 3 · 0⤊ 0⤋
What is the big deal? If you don't have an attorney why would you say to the officer "I can't talk to you until I have my attorney present, or I talk to my attorney?"
Are you cutting your neighbor's bushes? You can only trim what hangs into your yard, not anything on their side at all.
2007-08-31 14:26:49 · answer #5 · answered by ♥ ♥Be Happi♥ ♥ 6 · 2⤊ 0⤋
If she did not do anything saying she wants to speak to her lawyer makes her look guilty. She does not have to answerer her door and can always say something about being harassed. The police have to come out and make a report they might know these people are liars and the call is a waste of time but they have to do it. IF you live in a sub-division you might have a council to talk to or something. Like I said if she mentions harassment to the police they might leave her alone.
2007-09-07 01:37:34 · answer #6 · answered by lgs121 2 · 0⤊ 2⤋
I would talk to the police and then make out a civil claim for harassment. take them to small claims for having the cops called all the time. If the person won't talk to the police the police will be more likely to side with the complainant. You want this person to look like the victim so he/she should talk to the police, maybe even get a restraining order. The property manner should be handled in court. You can do it yourself. Go to the "Pro Se" office and file a claim so you can determine once and for all whose responsible for the darn bushes.
2007-08-31 15:01:42 · answer #7 · answered by Anonymous · 0⤊ 3⤋
If your neighbor's bushes are growing onto your property, by law, you should be able to trim them back without any fuss from the neighbors. I think that is a law.
2007-09-08 05:02:16 · answer #8 · answered by Anonymous · 0⤊ 1⤋
you do not have to answer any question ask be a cop, But, this could lead to you being taken to the police station and then you will need an attorney, that's a costly matter.
2007-08-31 14:38:51 · answer #9 · answered by Jan Luv 7 · 0⤊ 3⤋
As they say, that you have right to remane silent, and you do have the right to talk to your lawyer first! Because they are not aresting you!
2007-09-08 07:15:36 · answer #10 · answered by Winkey 3 · 0⤊ 1⤋