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  1. #1
    warsawboy is offline Junior Member warsawboy is on a distinguished road
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    Disturbing the Peace

    does Indiana have a disturbing the peace or breach of peace law?
    also the reason i ask is this
    the other night i got home from running an errand to the grocery store it was bout 3am when my down stairs neighbor comes rushing up the steps and pounds on my door. i open it and she starts going off on me and yelling at me saying she works second shift and that i stop on the hour every hour and that she has reported me to the landlord.... i repeatedly told her to go away that she needs to leave when she wouldnt i started closing my door on her she then pushed the door back open and tried to enter my apartment i closed the door again and immediately called 911 and told the dispatcher what was going on 20 mins later two officer one a rookie and one a Sgt showed up i told them what happen and that i was in fear of her they talked to her but they did nothing about her entering my apartment forcefully. they simply told her that if she has a problem to call them and they told me the same thing. so hence my question about disturbing the peace and i believe there is another thing they could have charged her with but i am unsure of how to word it properly other then forced entry/breaking in... i would love to hear some feed back from some officer cause to be honest i am fearful of her now cause of her history that she has told me about. i would like to say this also i worked security for 2 years so yes i know how to defend myself and take care of myself so i really should fear her but the difference is this when i worked security i had back up right there watching my back both security guards and cops but i live alone and with a 20 min response from the local leos i dont feel that safe.......

    thank you for any advice and help you offer me

  2. #2
    scott715us's Avatar
    scott715us is offline Sgt/DUI Inst/Juris Doctor scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute
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    First of all you need to learn about using periods at the end of a sentence.

    As far as "breaking and entering," normally someone has to enter a residence with the intent to commit a theft or felony. It sounds like she wasn't trying to break in, but rather keep the door open to give you grief about keeping her up. If you have any more problems out of her call the police again, but you might want to consider moving to avoid crappy neighbors altogether. The officers didn't observe her disturbing the peace so they probably couldn't arrest her even if they wanted to. Do you actually come and go all hours of the night? I would be a little peeved too.

  3. #3
    mcsap is offline Veteran member ( retired) mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute
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    Would have been a Simple Trespass here. If you WANT charges , call back and ask for that to occur.

    In PA , we dont have to observe a disturbance of the peacce to arrest for it , but that then requires your testimony to be GOOD.

    Are you a noisy neighbor ?
    Creeper Cop

  4. #4
    warsawboy is offline Junior Member warsawboy is on a distinguished road
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    No i do not come and go at all hours of the night i am simply a night time person. i actually stay home almost every night and just watch tv or clean or chat with friends. Sorry for my lack of periods. I would like to ask you since your from Tennessee how well versed are you in Indiana law? Also if i could move i would but my financial situation doesn't allow me to move plus if i could i would be breaking my lease and having to pay for that. I have lived at this address for over 3 years now and she has only lived here less then a year none of my other neighbors have ever had problems with me and i have never had a noise complaint against me . You should also know that this women has mental issues that she refuses to have treatment for.

  5. #5
    scott715us's Avatar
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    I would like to ask you since your from Tennessee how well versed are you in Indiana law?
    Most states have similar laws when it comes to the charges you're referring to. Tennessee doesn't call it disturbing the peace. It's disorderly conduct. Either way, your options are limited. Call the police if it happens again or move. I don't know what else you expect to happen. Your story indicates that you were able to shut the door eventually so it doesn't appear that she was trying that hard to get into your apartment. Since LEOs have been once I wouldn't expect to hear much from her again.

  6. #6
    warsawboy is offline Junior Member warsawboy is on a distinguished road
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    Thank you for your help i appreciate it. it looks like my landlord is going to do something about her.
    Could i have done a Citizens Arrest?
    Last edited by warsawboy; 03-14-11 at 12:16 AM.

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