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happyslug

(14,779 posts)
6. Read the Article, the Neighbors did NOT make the arrest, the local police did.
Mon Apr 23, 2012, 03:49 PM
Apr 2012

People can confront people, as long as violence is NOT threatened such confrontation is perfectly legal (Such people can carry guns, as long as no one threatens anyone with the gun not a crime). That seems to appears to what happened here, the neighbors saw someone in a house in the neighborhood, gathered together to ask what they were doing. When the neighbors did NOT receive a reasonable response, they called the police. The police arrived and the Police arrested the new owners.

I have NOT seen anything done illegal by anyone, with the possible exception of the Police and the Police can cite the new owners had no paperwork to show it was their property and arrested them as possible trespassers. When the new owner produced the paperwork showing their were the new owners, they were released.

Compare this is the Zimmerman case. Zimmerman is believed to have confronted his victim and then the confrontation escalated. In this incident an armed neighbor confronted the new owners, and when no satisfactory answer was given, the armed neighbor went to his home and called the Police. Notice the key, the armed neighbor did NOT try to do anything himself, just asked the new owner by what right was he in the house. In the case of Zimmerman, Zimmerman seems to have confronted his victim and when the victim decided to leave, escalated the violence (i.e. appears to have tried to detain the victim). When the victim resisted, Zimmerman pulled his pistol he what he calls "Self-Defense".

The key is what was the neighbor doing? and how far did he do in avoiding having to pull his weapon. As long as the new owners did not threaten the neighbor, the neighbor saw no need to pull his weapon. Instead the neighbor retreated to his house and reported the new owner to the Police. The Police arrived and saw someone with no apparent right to be on the property, and arrested him for that. When paperwork showing the new owner was the new owner the police released him. Thus the "Armed" neighbor did not do anything other then report an possible crime to the Police and the Police upon investigation made an arrest based on the information they had. I do NOT see any liability of anyone in this situation. Everyone acted correctly, with the possible exception of the new owner, he entered his property without any evidence it was his property when who owned the property was unknowable by anyone else.

They should pursue legal action against their new neighbors Occulus Apr 2012 #1
I'll be they don't. I'll be they'll go one better and do nothing. NYC_SKP Apr 2012 #3
Yes, well, I've spent most of my life doing nothing to people who do me wrong Occulus Apr 2012 #55
you think it's better if they don't sue? CreekDog Apr 2012 #79
they will be happier to not pursue legal action, IMHO. NYC_SKP Apr 2012 #98
"dropping the charges" isn't enough. annabanana Apr 2012 #2
Read the Article, the Neighbors did NOT make the arrest, the local police did. happyslug Apr 2012 #6
So their coming armed isn't threatening? annabanana Apr 2012 #10
I have dealt with armed people all my life, not a threat unless it is pulled. happyslug Apr 2012 #19
That's ridiculous, from top to bottom. EFerrari Apr 2012 #22
That is the Police, not the neigbor. happyslug Apr 2012 #29
sleep marshall gaines Apr 2012 #36
“He say to put the hands up and get out from the house, otherwise he would shoot us” thc420 Apr 2012 #23
Not in the Article, all the article said was the new owner was apprached by an armed neighbor happyslug Apr 2012 #26
None of those people had any business in that house EFerrari Apr 2012 #28
No shit. The neighbor should have been arrested too for the same charge plus threatening. savalez Apr 2012 #31
Again, you mention something NOT in the Article happyslug Apr 2012 #43
If someone comes onto my property with a gun and asks me to justify being there they're HiPointDem Apr 2012 #63
These two assholes are now being charged wth three felonies -- EFerrari Apr 2012 #77
RIGHT. They TRESPASSED on the couple's PRIVATE PROPERTY. freshwest Apr 2012 #90
I agree with you. EFerrari Apr 2012 #91
WTF that is... Is insanity on a mass scale. Looking at the cover of the book, only. Non-thought. freshwest Apr 2012 #93
Testify. EFerrari Apr 2012 #94
Come on Slugo thc420 Apr 2012 #35
I have read the entire article, and even cited it happyslug Apr 2012 #47
they came onto the people's property with ASSAULT RIFLES and accused them of breaking and entering. HiPointDem Apr 2012 #64
We are commenting on the totality of the story... LanternWaste Apr 2012 #76
Then DO NOT start with a Cite to one Article, mention ALL of them happyslug Apr 2012 #96
How many authorities do you need to do your thinking for you EFerrari Apr 2012 #92
sleep marshall gaines Apr 2012 #37
sleep marshall gaines Apr 2012 #33
A reasonable response would have been to call the police and report a prowler and let them handle it. Lochloosa Apr 2012 #49
That was my impression after reading the articled cited happyslug Apr 2012 #53
except there was no prowler. HiPointDem Apr 2012 #65
"Shut up or I'll shoot," quakerboy Apr 2012 #70
That phase is NOT in the Article that started this thread happyslug Apr 2012 #74
You need to re-read the article. quakerboy Apr 2012 #78
Reasonable respones? thc420 Apr 2012 #11
You assume that melm00se Apr 2012 #16
Not assuming anything... thc420 Apr 2012 #20
no assumption marshall gaines Apr 2012 #38
Mrs. Kalonji IS white paulk Apr 2012 #58
but her husband isn't. if she were alone, doubt it would have played out as it did. HiPointDem Apr 2012 #66
Just can't let it be... thc420 Apr 2012 #14
Typical Reich Winger thc420 Apr 2012 #15
"gathered together to ask what they were doing there" is vigilantism. EFerrari Apr 2012 #18
"As long as violence is not threatened" -what do you think brandishing firearms is? (nt) Posteritatis Apr 2012 #21
Not in the Article, all the article said was "gun-wielding neighbors" happyslug Apr 2012 #45
From one of the original news item... M0rpheus Apr 2012 #48
Not in the article that started this thread happyslug Apr 2012 #50
I appreciated your argument, as you originally stated it. M0rpheus Apr 2012 #56
AR-15's. Hard not to "wield" them, since they don't fit in a holster. HiPointDem Apr 2012 #69
"If that was the case every time someone was given a ticket by a police officer wearing a pistol Blue_Tires Apr 2012 #82
Technically brandishing, which is a felony obamanut2012 Apr 2012 #84
WTF vankuria Apr 2012 #27
This is exactly... thc420 Apr 2012 #42
sleep marshall gaines Apr 2012 #32
In what universe is "We live here" not a reasonable response? I didn't realize we now had to HiPointDem Apr 2012 #62
When being held against their will at gun point, it is hard to say they weren't under arrest. Bandit Apr 2012 #81
The headline should be that they are suing the shit out of those psychopaths! n/t drdtroit Apr 2012 #4
They should sue ut oh Apr 2012 #5
Disagree. They should lead the peaceful life they came to dream about. NYC_SKP Apr 2012 #8
pros and cons Enrique Apr 2012 #13
what? marshall gaines Apr 2012 #40
that's how i read it CreekDog Apr 2012 #80
Welcome to the neighborhood. tinrobot Apr 2012 #7
If they are really "concerned neighbors" they'll all be over there with tools and paintbrushes... bluesbassman Apr 2012 #9
They may do so the next time they see the new owners happyslug Apr 2012 #24
He did threaten them... thc420 Apr 2012 #25
Confront is NOT an assult, and that is the only word used in the Article that comes close an assult happyslug Apr 2012 #39
It is assault.. thc420 Apr 2012 #46
That is NOT in the article we are discussing... happyslug Apr 2012 #51
Are these people related to you or something? angie377 Apr 2012 #73
+1 obamanut2012 Apr 2012 #87
Coming under sometimes property is CRIMINAL TRESPASSING obamanut2012 Apr 2012 #86
Confronting is criminal assault obamanut2012 Apr 2012 #85
sleep marshall gaines Apr 2012 #41
So I can miss the article that state that actual Criminal Acts? happyslug Apr 2012 #52
They were charged with three felonies and being held without bond obamanut2012 Apr 2012 #88
hard to "wear" an assault rifle. they stick out of your pockets pretty much. HiPointDem Apr 2012 #67
In NONE of the articles on this subject is an Assault rifle mentioned happyslug Apr 2012 #72
Google is your friend angie377 Apr 2012 #75
They each were armed with AR-15s obamanut2012 Apr 2012 #89
I doubt NOLALady Apr 2012 #12
That's some fine police work there, Lou... PoliticAverse Apr 2012 #17
bless marshall gaines Apr 2012 #30
if you have proof or a picture that shows paulk Apr 2012 #57
I would have called the real estate agency right there and then and have them vouch for me. n/t patricia92243 Apr 2012 #34
the couple asked the police to call their son. the police refused. HiPointDem Apr 2012 #68
glad marshall gaines Apr 2012 #44
sheesh! I would think the charges would be dropped! magical thyme Apr 2012 #54
Neighbors facing possible charges Kaleva Apr 2012 #59
I wish nothing but peace for Mr. Jean Kalonji.. NYC_SKP Apr 2012 #60
Thanks for posting the UPDATE pinboy3niner Apr 2012 #71
This is so sad... MountainMama Apr 2012 #83
"Second Amendment right"!?! I don't remember threatening people on their own property being a... Humanist_Activist Apr 2012 #95
he's like 55-60 and overweight. sure looks like a dangerous burglar to me. HiPointDem Apr 2012 #61
You should see him in his hoodie pinboy3niner Apr 2012 #97
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