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  • Need help from GA officers

    A friend of mine is having trouble with a neighbor over property he inherited from his father. My friend has witnessed the neighbor entering onto what was known to be my friends property and parking a travel trailer there. I advised my friend to have the property professionally surveyed and it was done early this week. My friend went out to this land today and noticed the survey markers and steel markers have been removed and no trespassing signs had been placed all over that area of the land. The neighbor was on this land this morning. I advised my friend to call the local sheriffs office and have an officer accompany him in requesting the person get off his land. The officer got there and met with my friend and after my friend told the officer what was going on and then advised the officer that the neighbor has been known to shoot at people the officer informed him that he "was not going back there to get shot at" and if the neighbor shoots at my friend to call the sheriffs office again and they would then take action. My friend called me back to tell me this and ask for more advice I advised him to go find another deputy and find out what needed to be done. I also advised him that a complaint needed to be filed on the reporting officer for not performing his duties as a peace officer. I last talked to my friend and gave him the address of the sheriffs office and the local PD office. What should he do now to get this neighbor off his land, file trespassing charges, have the travel trailer hauled off and put a stop to this problem. Thanks in advance for your help.

  • #2
    First off, what county does your friend live in? Second how much land are we talking here? Does your friend have a plot or diagram of his property from the county he lives in? If its a sizeable amount of land that can be clearly identified as your friends from looking at the plot then the no trespassing signs mean nothing and you can have the trailer towed away. This wouldn't be the route I would go as they are neighbors. I would have the property surveyed once again with more permanent markers (concrete) and take pictures of the property with his trailers on it. Then go down to the probate court in his county and see if he can get a judge to sign an order. If the judge won't do this then your friend may need to file a civil lawsuit. The officer did not do anything because this is a civil matter, not one for law enforcement.

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    • #3
      GA officers

      First off, what county does your friend live in?

      Not sure of the county, but it's North Georgia

      Second how much land are we talking here?

      I'm not sure, I just know it's all his father ever worked for....

      Does your friend have a plot or diagram of his property from the county he lives in?

      I'm not sure, but if he had it professionally surveyed I would imagine he has something like that.. ?

      This wouldn't be the route I would go as they are neighbors.

      This particular neighbor hasn't exactly had the "hospitality" from a neighbor, if you know what I mean.

      The officer did not do anything because this is a civil matter, not one for law enforcement.

      The "friend" of mine, felt his life was threatened, was it not this officer's duty to make sure things were "safe" for my friend? I was under the impression the vows were to "serve and protect", is that correct... at least that's what I was taught in the police academy.

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      • #4
        SO535 is right:

        The whole thing is a civil matter. How did your friend feel threatened when the neighbor wasn't even present? I can say I feel threatened by anyone all day long, but where's the proof to back it up? I can say you shoot at your neighbors, but I don't have any proof. You're right though, the officer's job is to protect and serve...not to try to figure out where the boundry line of someone's land is.

        From the paragraph you wrote, I wouldn't have done much differently than the officer that dealt with your friend did. I may have done a quick report, no more than a few sentences, but nothing else. The whole situation should be handled through civil court, and yes...if he starts shooting at your friend, that's criminal...the police will protect and serve then.

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        • #5
          I will leave this thread and this board with that last post. I am glad I do not live in GA where there are officers on the job not willing to do their job.

          Just FYI, if you will go back and read the original post, paying closer attention to the details, it clearly states the neighbor was "on the property" and has been known to shoot at people. That doesn't constitute someone feeling like their life would be in danger, especially since words have already been distributed among these two "neighbors".?? Hmmm, good job officer, I will feel safe in GA this next summer when I am there for my friends wedding.....if he is still alive after you don't feel it your "duty" to investigate a report. Maybe I will come back to this board and let you know where the wedding was going to be so you can explain to his bride-to-be why that one shot was fired because you didn't feel the "need" to take 10 minutes to walk onto the land and have a look around. Good day.

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          • #6
            Let me know where that wedding is so I can come personally stand by your side and make sure you don't slip and fall...since I guess that constitutes protecting and serving as well.

            Why do people think we, as police officers, are qualified to make non-law enforcment decisions? I'm not a surveyor, I don't know how to read property lines. I'm not a mechanic, so I can't tell you if your car is alright to drive. I'm not a doctor, I can't tell you if you should go to the hospital or not...well in most cases. I'm a police officer, I can tell you (in most cases) whether or not something is illegal and if you should be going to jail. That's all I'm qualified for.

            Lets say we take your approach to the situation:

            I go on the land, where there's no fence line or land markers (since you said they were taken down) and the guy is standing on "your friend's land." I tell him he has to get off "your friend's land." Turns out that the surveyor was wrong and it was really your friend's neighbor's land and I forcefully removed him from his own land. What if it turns out that your friend's neighbor's brother is the next Jonnie Cochran? Your friend gets sued, I get sued, and if the lawyers good and there's a jury who just doesn't like the police...I could lose my job and everything I own.

            That's a worse case scenario of course, but its something we have to think about. If the guy "is known to shoot at people" and polic officer doesn't know about it...it means it probably hasn't been reported. We talk to each other when we hear a call go out from a "regular customer." We know if someone has been been violent in the past or owns 30 assault rifles and enough ammo to supply his own militia.

            What would you want us to do if your neighbor feels threatened? Did he make any specific threats against that neighbor right before the officer came out? Some people feel threatened when I walk up with a gun on my belt and a badge....should I be arrested? Someone looks at you funny and you feel threatened, do I arrest them? Sorry buddy, but there's no law against looking at someone funny. Like I said, if he shoots at him, its a crime. If he says, "I'm gonna beat your butt..." then its a crime. Being "known to shoot at people" is not a crime...and if it is, show me which code section it falls under.

            I know you said you're never coming back, but I have a feeling you'll lurk.

            Comment


            • #7
              OK, he said the guy has been known to shoot at people. Not "that guy took a shot at me." I would figure a Texan would know it is not a crime to be in posession of firearms on your property.

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              • #8
                *Hmmm*

                but..... if he were in possession of a firearm on someone else's property...

                Hmmm wait, the guy wasn't on his property? or was he? Dang, I'm confused!!

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                • #9
                  Originally posted by RacerKylie
                  but..... if he were in possession of a firearm on someone else's property...

                  Hmmm wait, the guy wasn't on his property? or was he? Dang, I'm confused!!

                  Exactly, You gonna take someone's freedom when you are confused on the reason why??

                  Comment


                  • #10
                    Originally posted by SO535
                    Exactly, You gonna take someone's freedom when you are confused on the reason why??
                    You just missed the point of his whole entire post...his friend is a tax-payer and pays our salary and we should do whatever he orders us to do. If he wants this man removed from his friend's land or his own land we should do it because the citizen pays our salary.

                    I live in the county where I police and whenever anyone tells me that they pay my salary it usually shuts them up when I tell them I pay my own salary. Or on a traffic stop you tell them that you need a bonus so "sign right here on the X."

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                    • #11
                      Originally posted by RBrodowski
                      You just missed the point of his whole entire post...his friend is a tax-payer and pays our salary and we should do whatever he orders us to do. If he wants this man removed from his friend's land or his own land we should do it because the citizen pays our salary.

                      I live in the county where I police and whenever anyone tells me that they pay my salary it usually shuts them up when I tell them I pay my own salary. Or on a traffic stop you tell them that you need a bonus so "sign right here on the X."
                      Oh, silly me I forgot all about that part of my oath where im everybody own personal bully because they pay taxes. It's a good thing most of the population of my county are "non tax-paying citizens" so that line does not apply to me.

                      Comment


                      • #12
                        Originally posted by SO535
                        Oh, silly me I forgot all about that part of my oath where im everybody own personal bully because they pay taxes. It's a good thing most of the population of my county are "non tax-paying citizens" so that line does not apply to me.

                        Hey Gwinett isn't *that* bad .

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                        • #13
                          Originally posted by RBrodowski
                          Hey Gwinett isn't *that* bad .
                          It's close, besides it was sarcasm.

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