Disorderly Neighbor...

[MNMan100]

I have been having issues with my neighbor.

We have a daycare (Licensed) and during the middle of the day the children were outside playing when the neighbor came out and screamed (Shut those fu&^%$# kids up). We contacted the local police department, thru county dispatch, and on our call we informed them that i wanted the neighbor charged with DOC 1 count for every child present during the daycare (Parents were informed and agreed). I told the officer onsite that i wanted this done and even if by citizens arrest if necessary. The officer refused and nothing was done about this beligerent neighbor. The neighbor previously blocked an open alley preventing us from removing our camper from our yard and the police chief said he would resolve it "Monday" he was going out of town, so we had to cancel our vacation because of this.

Now the kicker... I am a former CSO for this department and was forced into resignation for a misinterpreted domestic and falsely documented (as agreed by my spouse and myself) no physical contact was engaged upon during this.

since then we have had MANY issues of denial of service.

PLEASE help.

Thanks,
MNMAN100

[GoDirectly2Jail]

Not seeing a question here, unless it is the implied "what can be done?"

If that is indeed your question, my advice would be to call the media.

[RoadKingTrooper]

Neat abbreviations! DOC, CSO, What are they?

DOC Department of Corrections?

CSO Chief Security Officer?

And just what was your question?

[Roger Dat]

That wouldnt constitute disorderly conduct here. Secondly you call us for help, your not going to dictate how its handled. Im sure the officer operated within his parameters.

[SnapShawt]

Disorderly Conduct is a misdemeanor. A "citizen's arrest" (hugely overplayed term and misunderstood term) could not be exercised in such a case. So that's out. Your word that he did such and such is NOT enough to arrest the guy and take him to jail. If I didn't see him do it, then I will gladly file a report on your behalf and the investigators will take it from there. THEY will file charges if they produce evidence that he indeed did what you say. Do you have it on video? That would be an example of evidence. Your word isn't enough. In that case, anyone can say anyone did such and such and demand they be arrested and charged.

Also, each child would not equal a separate count of DO. If evidence were discovered and charges were filed, he would be charged with Disorderly Conduct, period. ALSO, DO is often taken care of by a citation and fine, just depends.

To recap, it's a misdemeanor (a low grade one at that), so:

1. The word of yourself and other adults and kids present isn't getting it done.
2. "Citizen's Arrest" is not applicable.
3. You do not determine what action an officer will take. Also, he knows what action he CAN take, so don't make it sound like he refuses to do anything when in fact he really can't do what you want him to do. We can't run around charging people and arresting them for everything just because someone else says they did it.

[SnapShawt]

MNMan100: "Now the kicker... I am a former CSO for this department and was forced into resignation for a misinterpreted domestic and falsely documented (as agreed by my spouse and myself) no physical contact was engaged upon during this.

since then we have had MANY issues of denial of service."

And exactly what kind of "help" do you want from us on an Internet web site? Get a lawyer.

Also, physical contact is only one aspect of and does not have to be present for domestic violence. Whatever a "CSO" is, you make it sound like you have law enforcement experience, so you should know that. All I can figure is a "Community Service Officer", which some agencies in some states have. They are not police officers. Instead, they handle calls for service that are civil or very minor in nature. They call police officers if necessary.

It sounds like, to you, "denial of service" means they didn't do what you WANTED them to do. That's not denial of service - it's just you not being happy.

[Creeker]

I don't know where you are, but in my state Dis. Con. must be committed in the presence of the Officer for him to make an on view arrest. The other alternative is for the group of you to go sign warrants after obtaining a copy of the Police Report.

Seems like you maybe should know what the elements of DC is in your state or the procedures.

If the camper was illegally parked and your locals would do nothing, there is always County or State that might.... this is presupposing that he was not parked on your property, in which case you could have had it towed at his expense.

That is, if those were the questions....:cool:

FWIW, my wife would be driven batty if a Day Care moved in beside us, too... and we like having kids around. We just like our quiet times.

[phantasm]

1. The word of yourself and other adults and kids present isn't getting it done.
2. "Citizen's Arrest" is not applicable.
3. You do not determine what action an officer will take. Also, he knows what action he CAN take, so don't make it sound like he refuses to do anything when in fact he really can't do what you want him to do. We can't run around charging people and arresting them for everything just because someone else says they did it.

same in NY, except disorderly conduct is a violation, but still has to be observed by the officer.

It annoys me when someone tells me what I HAVE to do.

[phantasm]

It sounds like, to you, "denial of service" means they didn't do what you WANTED them to do. That's not denial of service - it's just you not being happy.

I've been told that I'm not "serving and protecting" or that I have an attitude too many times to count because the complainant doesn't get their way in a dispute. Actually pretty similar to the way people act in AAC when they don't get the answer that they want.

[phantasm]

I don't know where you are, but in my state Dis. Con. must be committed in the presence of the Officer for him to make an on view arrest. The other alternative is for the group of you to go sign warrants after obtaining a copy of the Police Report.

Seems like you maybe should know what the elements of DC is in your state or the procedures.

If the camper was illegally parked and your locals would do nothing, there is always County or State that might.... this is presupposing that he was not parked on your property, in which case you could have had it towed at his expense.

That is, if those were the questions....:cool:

FWIW, my wife would be driven batty if a Day Care moved in beside us, too... and we like having kids around. We just like our quiet times.

Also regarding the camper, unless its a driveway that was obstructed, if its just an alleyway between buildings, but isn't normally accessible with a driveway ramp, etc, then its not a crime. Here you could call your own tow to have a vehicle moved from obstructing your own driveway, but they make you sign paperwork, and you're held civilly liable, and for making a false statement otherwise.

[Legoate]

I'm thinking the neighbor should make a "citizens arrest" against you and all of the kids in your daycare for "disorderly conduct" for making so much noise that he could hear it inside his home.

Opening a business amongst residences causes all sorts of problems.

[Cat_Doc]

we informed them that i wanted the neighbor charged with DOC 1 count for every child present during the daycare (Parents were informed and agreed). I told the officer onsite that i wanted this done

Wow! You get to tell the cops what you want done in your community? I am a police supervisor and I can't even get them to do what I want.

The officer refused and nothing was done about this beligerent neighbor.

Oops, never mind.

[Roger Dat]

The only crime from what you described here would be the possible violation of the Town noise ordinance by you and the kids.