Couple held at gunpoint, arrested after buying home

[CountDeMoney]

So yes, acting to arrest someone found to be commiting an indictable offence is absolutely a defence to actions which would otherwise be assault and/or unlawful confinement, if you act on reasonable grounds and use only as much force as is necessary.

Yes, both the neighbors and the cops were acting under good faith to prevent a felony;  however, that does not relieve the neighbors of the civil liability for being wrong.  I SMELL LAWSUIT

I blame the cops, however, for not taking the time to sort it all out.  Where's the fucking shift sergeant?  That's his job.

[Barrister]

So yes, acting to arrest someone found to be commiting an indictable offence is absolutely a defence to actions which would otherwise be assault and/or unlawful confinement, if you act on reasonable grounds and use only as much force as is necessary.

Yes, both the neighbors and the cops were acting under good faith to prevent a felony;  however, that does not relieve the neighbors of the civil liability for being wrong.  I SMELL LAWSUIT

I blame the cops, however, for not taking the time to sort it all out.  Where's the fucking shift sergeant?  That's his job.

  Again I'm just a poor, humble Canadian lawyer, but the section I cited (s. 25 of the Criminal Code) acts as a defence to both criminal and civil liability.  And in general there are very, very few situations were liability can be found for merely being "wrong" (aka absolute liability).  The regular standard is one of negligence, where there are notions of reasonableness and honest but mistaken belief.

And how the fuck is the shift sergeant supposed to figure this out after hours?  In order to prove their story the couple needs the land transfer documents.  Unless someone can raise the realtor on the phone the couple is either going to be detained untill a bail hearing, or released with a court date

[grumbler]

So, the neighbors saw some strangers they've never seen before ripping out the locks on the property and intervened? I hope my neighbors would react the same way.

So, the neighbors saw some strangers (ones that they've never seen before, as opposed to well-known strangers) ripping out the locks on the property and threaten them with death before kidnapped them at gunpoint?  And that's the outcome you wuld hope for from your neighbors?  Not mine.  I would hope my neighbors call the cops, while writing down everything that they can find out about the suspects.  Maybe go and ask what they are up to, but certainly eschewing the gunplay until circumstances made it legal for them to engage in such gunplay.

[DGuller]

What's the point of having a gun if you can't even point it at people?

[Barrister]

When we legally took possession of our house we had a hell of a time getting the keys.  So we stood around for the longest time trying doors and windows trying to get in (there were apparently another set on the counter).  I'm almost disappointed that nobody challenged us about what we were doing.

[CountDeMoney]

So yes, acting to arrest someone found to be commiting an indictable offence is absolutely a defence to actions which would otherwise be assault and/or unlawful confinement, if you act on reasonable grounds and use only as much force as is necessary.

Yes, both the neighbors and the cops were acting under good faith to prevent a felony;  however, that does not relieve the neighbors of the civil liability for being wrong.  I SMELL LAWSUIT

I blame the cops, however, for not taking the time to sort it all out.  Where's the fucking shift sergeant?  That's his job.

  Again I'm just a poor, humble Canadian lawyer, but the section I cited (s. 25 of the Criminal Code) acts as a defence to both criminal and civil liability.  And in general there are very, very few situations were liability can be found for merely being "wrong" (aka absolute liability).  The regular standard is one of negligence, where there are notions of reasonableness and honest but mistaken belief.

I was simply adding supplemental information as a complement, not as a challenge, you litigious twat.   We know you're a fucking lawyer.  Why?  Because you argue over every fucking thing.

Next time, I won't include any fucking quotes from your Indian-prosecuting ass.  Dickhead.

And how the fuck is the shift sergeant supposed to figure this out after hours? In order to prove their story the couple needs the land transfer documents.  Unless someone can raise the realtor on the phone the couple is either going to be detained untill a bail hearing, or released with a court date

You answered your own fucking question.  COUNSELOR.

Fuck, not all cops have the urgent need to arrest black people, you know. SOMETIMES--JUST SOMETIMES--WE TRIED TO FIGURE SHIT OUT.

I'm glad out of that racket, putting up with pencilnecks like you.

[CountDeMoney]

When we legally took possession of our house we had a hell of a time getting the keys.  So we stood around for the longest time trying doors and windows trying to get in (there were apparently another set on the counter).  I'm almost disappointed that nobody challenged us about what we were doing.

I would've shot you in the fucking head.  No sergeant available.

[CountDeMoney]

OK, maybe just the leg.

[Barrister]

 

[CountDeMoney]

I mean, really now.  Let's just forget the Stand On Someone Else's Ground yahoo gunplay neighbors for a moment.

You, as an officer, show up at an empty house, and there's an adult male and an adult female present.  With replacement door locks.  At an empty house.  That's been known to have been for sale recently.

There's nothing in the home to rob.  The door locks and hardware could be construed as burglar tools under rogue and vagabond, but what burglar brings replacement door locks?

Excuse me, maybe I'm slow on this, and let me get this straight...

[Barrister]

Now I'm just a lawyer from the Yukon, so maybe I don't understand your complex big-city ways.

You don't have squatters in Baltimore?  Fixtures and building materials aren't valuable items to thieves?

But yes, as I said, I'd expect someone to try and look into their story.  It's just that if the realtor isn't answering their phone (because it's late at night) I can't think of much else they'd do...

[CountDeMoney]

Now I'm just a lawyer from the Yukon, so maybe I don't understand your complex big-city ways.

You don't have squatters in Baltimore?  Fixtures and building materials aren't valuable items to thieves?

But yes, as I said, I'd expect someone to try and look into their story.  It's just that if the realtor isn't answering their phone (because it's late at night) I can't think of much else they'd do...

Of course we have squatters.  We also had a drug lord that took an entire city block of abandoned homes, replaced all their doors with Magna-Seals and new locks, and used the entire block as a shooting gallery;  they'd issue you a key from the rack when you picked up your shit, like checking in at the front desk of an old hotel, so you could do your thing in private.

However, I would ensure that an effort was made to establish the veracity of their claim.  And dispatch had access to the state's Department of Taxation's real property database to verify property ownership and status of sale, which unlike a lot of state stuff, is actually updated very quickly.  Amazing how efficient government can be when it comes to its revenue.

But, that made me a conscientious police officer, and therefore tremendously unpopular with coworkers.

Catch and release.  Got more important shit to do, like rolling up on slingers and watching Pook toss his shit and haul ass like a cockroach.

[Barrister]

Now I'm just a lawyer from the Yukon, so maybe I don't understand your complex big-city ways.

You don't have squatters in Baltimore?  Fixtures and building materials aren't valuable items to thieves?

But yes, as I said, I'd expect someone to try and look into their story.  It's just that if the realtor isn't answering their phone (because it's late at night) I can't think of much else they'd do...

Of course we have squatters.  We also had a drug lord that took an entire city block of abandoned homes, replaced all their doors with Magna-Seals and new locks, and used the entire block as a shooting gallery;  they'd issue you a key from the rack when you picked up your shit, like checking in at the front desk of an old hotel, so you could do your thing in private.

Up here we have a centralized Land Titles registry which is very good, but I'm not 100% sure if police have online access.  In any event if does take a few days for any new registration to actually hit the system, so if they'd bought the property that day it wouldn't be online yet.

[MadImmortalMan]

I wonder what the reaction would be if this were, say, an officer from a bank foreclosing on the house out there changing the locks and got arrested.

[derspiess]

That's going to make for an awkward 4th of July street party down in the cul de sac.