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Cop moves in, neighborhood goes to hell

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154NH773

Senior Member
The first problem is that you think your neighbor is wrong. That colors everything else you have to say, and forms your attitude toward him. This attitude rubs off on your kids, and they act accordingly.

I would suggest that you learn the law, and then don't you, or your kids, break them.

I'm sure my neighbors think I'm terrible, but after being in court with them, and after everyone including the State Supreme Court affirming that I am correct, I really couldn't care less what they think of me. They were wrong, and so might you be. The fact that until this cop moved in you were able to do anything you wanted, doesn't make it legal or even neighborly. Take a step back and see if you are correct in your thinking.
 


Mass_Shyster

Senior Member
Who can police the police?

That would be the courts.

The police can only issue a citation and/or arrest you. The courts determine if you are guilty or not. When you present your evidence to the judge, and the witness (next door cop) present's his evidence, the judge will determine who is more credible, and decide accordingly.
 

Brandon Smith

Junior Member
The first problem is that you think your neighbor is wrong. That colors everything else you have to say, and forms your attitude toward him. This attitude rubs off on your kids, and they act accordingly.

I would suggest that you learn the law, and then don't you, or your kids, break them.

I'm sure my neighbors think I'm terrible, but after being in court with them, and after everyone including the State Supreme Court affirming that I am correct, I really couldn't care less what they think of me. They were wrong, and so might you be. The fact that until this cop moved in you were able to do anything you wanted, doesn't make it legal or even neighborly. Take a step back and see if you are correct in your thinking.

Answer me this, then. This is one of the many instances that the local police have been called for.

>One of the neighborhood kids (age 7) was having a tea party in her own front yard. Her older brother (Age 11) rode his bike through the yard, startling her. She screamed at him to stop; 10 minutes later the cops arrive. Our police neighbor called them on the girl for screaming, and violating the noise ordinance. And of course, her parents got cited a warning, and if the cops come back to their house, the parents face a $350 fine.

So, who is wrong in that situation? The kid(s) for being kids, or the neighbor police for calling the local police on kids.

And yes, the kids' parents did tell her not to shout/scream/yell.
 

CdwJava

Senior Member
Answer me this, then. This is one of the many instances that the local police have been called for.

>One of the neighborhood kids (age 7) was having a tea party in her own front yard. Her older brother (Age 11) rode his bike through the yard, startling her. She screamed at him to stop; 10 minutes later the cops arrive. Our police neighbor called them on the girl for screaming, and violating the noise ordinance. And of course, her parents got cited a warning, and if the cops come back to their house, the parents face a $350 fine.

So, who is wrong in that situation? The kid(s) for being kids, or the neighbor police for calling the local police on kids.

And yes, the kids' parents did tell her not to shout/scream/yell.
Yes, it seems rather extreme to call the police for such a thing, but without knowing the specific statute or local ordinance cited, it is impossible for us to say whether this circumstance was a reasonable interpretation of the law.

As mentioned, if you have a beef with the law, it is with the law. Until a court can hear these offenses and decide if the matter is being interpreted by the police incorrectly, there is little that can be done. And if your state is similar to mine, if a reporting party requests a citizen's arrest then the officers have no choice but to take action (in the form of a custodial arrest or citation). It may well be that this is entirely at the urging of the neighbor and not on the initiative of the police.

Of course, the neighbor might have another interpretation of events.
 

Kiawah

Senior Member
As suggested previously, just invest in a decibel recording device to determine whether you are breaking the law or not.....are start dealing with facts more than emotion.

If you or the kids are too loud, stop it.

If not, you shouldn't have any problem with defending against someone reporting loud and obnoxious noises coming from your house.
 

CdwJava

Senior Member
Most such ordinance do not specify decibel levels, so that may not be relevant. What matters tends to be whether the noise is loud enough to disturb another and whether or not the noise is reasonable for the time of day and other conditions.
 

Silverplum

Senior Member
Most such ordinance do not specify decibel levels, so that may not be relevant. What matters tends to be whether the noise is loud enough to disturb another and whether or not the noise is reasonable for the time of day and other conditions.

So, no specifics and the cop gets to decide.

:rolleyes:
 

CdwJava

Senior Member
So, no specifics and the cop gets to decide.

:rolleyes:
No, the "cop" doesn't, but the "victim" of gets to make a complaint for noise that disturbs him. It would be up to a judge to "decide" if the noise is unreasonable or in any way a violation of the ordinance or state statute.

Since we do not know what ordinance was broken, I can only go on what these ordinances usually contain - that is, references to loud and unreasonable noise that disturbs the peace of anther.
 

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