I called the police tonight...

[hughb]

about my upstairs neighbors making noise. They were drunk and beating on their furniture, as they have done before. A few months ago when I went up there to ask them to stop they simplyr replied that they were "playing the drums" with the music on the stereo. A few days later they do it again and I notify the landlord who goes up there to see what the problem is and they denied making any noise at all.

I did not call the police on a knee-jerk reaction tonight. I tried to solve it myself. But when i went up there I made the mistake of opening their screen door without knocking, (their regular door was open), and I yelled at the bum who was beating on the furniture to get his *** out here. He didn't do it but he did shove me with his forearm as he pulled his door shut. (he damaged his door when he did that). He was also yelling that I'm not man enough to kick his ***, and after a long stream of obscenitied I figured I needed help to get his problem solved and I called the police.

They did not write him a citation, so I'm assuming from what I've read from some of you guys on this board they figured there was three sides to the story, mine, their's and the truth. They spent probably ten minutes up there with them, and the bums were repeatedly telling them that I threatened to kick their *** and was challenging them to come outside.

This has been an ongoing problem, and they were actually written a noise citation back in June of 06. They were pretty quiet for a few months after that.

So I think I've made an honest effort to solve the problem without police involvement. I don't think it is solved right now based on thier lifestyle of partying around the clock. They are a group of old men who got an inheritance when their parents died. Their parents must not have been very rich because they can't afford to leave their apartment where they party and fight around the clock.

After tonight, I'm assuming that the police think I am part of the problem, and I should probably not ask for help in the matter again. I don't want to be the one getting cited for falsely summoning police. Reading the posts here indicates that police don't like responding to calls for service by someone they consider a nuisance, and I'm wondering if that's the position I have put myself in tonight. I'm asking if you guys would have thought I'm part of the problem, and what's a better way to handle this.

BTW, I did not threaten to kick the guys *** as he repeatedly said tonight, but I did tell him to get his *** out here as I was outside his door. One of the officers asked me if it could have possibly been a threatening gesture, and i had to admit it could have.

[mtxpro752]

If you opened my screen door and demanded I get my *** outside you would be looking down the business end of a 12guage until on duty officers got there. You IMO were wrong. They may have been wrong to have been making all the noise but the way you described it I would take you actions as threatening and aggressive.

If they keep it up call the police every time, document it to the landlord. Do not ever take it in your own hands and go up there, that option has been ended. If maybe you had spoken with them calmly and requested they stop or left a note on their door after previous incidents you could have kept it on the low low. Not anymore.

Overly aggressive neighbors who get mad over little things always escalate into larger issues. A lot of times the "victim" or "disturbed" party can become a large part of ongoing problems based on their reaction to the problem.

[KapsFB]

Don't get mad, get even. Keep ordering useless merchandise from the Home Shopping Network and have it delivered to them. Do the same with nasty food deliveries, CD's (they still market Slim Whitman?), and anything else you can think of.

I'm actually just kidding....it would be funny though. mtxpro752 is right. The more you make it a big deal, the uglier it's going to get and the more likely it will escalate into something you REALLY don't need to be involved with. Try to ignore them as much as possible or even befriend them if that's possible at all. Confrontations should be avoided. They tend to turn physical and you could find yourself in court and/or locked up. And for what? Buy an Ipod with good headphones.

[11Bto5-0]

So I think I've made an honest effort to solve the problem without police involvement.

Approaching the neighbors politely, and then trying to involve the landlord were both good ideas. Where you made a mistake was by opening doors without knocking, and "yelling at the bum...to get his *** out here."

BTW, I did not threaten to kick the guys *** as he repeatedly said tonight, but I did tell him to get his *** out here as I was outside his door. One of the officers asked me if it could have possibly been a threatening gesture, and i had to admit it could have.

Exactly -whenever you have a situation with a neighbor such as this, you always need to take the higher road, and ensure you don't give them any "ammo" to use against you when Police arrive to handle your complaint. Your actions, with a little exaggeration by the other party, could end up being interpreted as harassment, or even terroristic threatening - setting you up to be the bad guy in this situation. You already admitted to the Officer what you said..now the other party could be in a position to actually file charges (granted, you may win in court, but why risk the trouble).
Basically: If the polite method isn't going to work - let us do our job.

[cajunguy]

When the noise starts, call the "Po-Po", and let the responding officers hear it for themselves.

Then let them handle it.

Keep a written record of the dates/times the police are called, and make the landlord aware of it. That way you build a case for possible eviction.


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[PhilipCal]

Your situation went south, real fast. A large part of the problem was you. The only suggestion I could add to those of my colleagues, is that you consider moving.

[School Cop]

If noise bothers you, you should buy a house.

EDIT: Sorry, I just saw you're in San Diego; what is it, $1000/square foot there?

[hughb]

Thanks everybody. And thanks for having this message board, I really appreciate it.

There's an elderly tenant in my building who's son died a few years ago and I'm sort of his care taker now. I could still take care of him if I moved, but it would probably put him under stress if I weren't right there next door to him. Moving is not an option right now.

Kaps, maybe I'll start sending them pineapple/anchovie pizzas every night.

School Cop, With the home bust, I've seen new condos in high rise buildings drop under $400 a sq ft. But I ain't buying until I have the full purchase price. I don't trust the moneylenders.

[jakflak]

Keep in mind, "let's go outside" is a euphemism for fighting in our culture, regardless of how you meant it.

[ChopperCopper]

And quit calling the police. Call the landlord. It's their job to handle, not ours. Unless, of course, Kalifornia has some stupid law that says you can't make noise in an apartment. Must be next to the one that says only U.S. citizens will go to jail for committing crimes and not ILLEGALS.

Wacky state.

[LA DEP]

And quit calling the police. Call the landlord. It's their job to handle, not ours. Unless, of course, Kalifornia has some stupid law that says you can't make noise in an apartment. Must be next to the one that says only U.S. citizens will go to jail for committing crimes and not ILLEGALS.

Wacky state.

You can (theoretically) be arrested for excessive noise.......its a misdemeanor.....

BUT, the guy making the phone call would be the one making the private persons arrest (and taking the civil liability for the arrest as well), not LE....we would simply accept the arrest from him, and refer the case to the DA or city attorney.

Some cities also have local ordinances about excessive noise, with some of them having civil fines for violations instead of a criminal complaint......

[Woffski]

Do yourself a favor and move out ASAP!!!! This will be a problem for you until you do get out. The only good that can come out of that is someone getting in trouble.

[hughb]

You can (theoretically) be arrested for excessive noise.......its a misdemeanor.....

BUT, the guy making the phone call would be the one making the private persons arrest (and taking the civil liability for the arrest as well), not LE....we would simply accept the arrest from him, and refer the case to the DA or city attorney.

Some cities also have local ordinances about excessive noise, with some of them having civil fines for violations instead of a criminal complaint......

That's what one of the officers told me. She asked if I was willing to make a citizens arrest and I told her I would. She explained what a citizens arrest meant for me and I was willing to accept the responsibility. But that was before the officers heard their side of the story, and I assume that since my language, verbal and non-verbal, could be construed as threatening, they decided to not have me do it.

They have been cited for noise before, but there was no arrest.

[LA DEP]

That's what one of the officers told me. She asked if I was willing to make a citizens arrest and I told her I would. She explained what a citizens arrest meant for me and I was willing to accept the responsibility. But that was before the officers heard their side of the story, and I assume that since my language, verbal and non-verbal, could be construed as threatening, they decided to not have me do it.

They have been cited for noise before, but there was no arrest.

Something to consider before making a private persons arrest;

If the DA refuses to file the case, then YOU are now opening yourself up to a civil suit......false arrest, slander ect ect.....and in alot of cases (esp. considering your actions leading up to calling the police) you WILL lose the case......

also,,,,,NEVER EVER go banging on someones' door in the middle of the night.....as another LA cop pointed out above, you will be greeted with a shotgun if you do it to the wrong person......and then detained at gunpoint until the cops show up, and have YOU explain what you thought you were doing.......

[hughb]

Well, this was interesting - they often have a person stay up there with them who I assumed was just another homeless guy. Tonight that person came by my apartment to literally beg me to not call the police again. He said he "talked" to them about it, which is funny because they treat him like a punk, (he's much more mild mannered and polite than they are), and that he handled it. He told me his name and said he was a DJ at a local radio station. His name isn't on the station's website and there's nothing in google with the station and his name on the same web page. LOL!