TRO against druggies in backyard

[annegg]

What is the name of your state? California

We have videotape and sound of minors in the yard of our neighbors using drugs. This is a rental home that hosts and houses, prepares, sells, drugs and drug users regardless of age. There is an adult present 24/7 and a video camera trained on the road, and most likely our backyard as well.

CAN we file a TRO against the tenants for their activities outside in sight and sound of my yard, and children by the way, as a nuisance or criminal or whatever behavior?
The police cannot get these people as hard as they claim they have tried despite the presence of minors. We don't want to listen to the vulgar druggie talk, smell their dope, or listen to the chop chop chop of the meth rocks or bubble bubble of their bong hits for breakfast ANYMORE! We will not move. We are not the criminals and won't be harrassed out of our lovely home. So please don't tell us it's the only way to get this to stop.

[outonbail]

Originally Posted by annegg

What is the name of your state? California

We have videotape and sound of minors in the yard of our neighbors using drugs. This is a rental home that hosts and houses, prepares, sells, drugs and drug users regardless of age. There is an adult present 24/7 and a video camera trained on the road, and most likely our backyard as well.

CAN we file a TRO against the tenants for their activities outside in sight and sound of my yard, and children by the way, as a nuisance or criminal or whatever behavior?
The police cannot get these people as hard as they claim they have tried despite the presence of minors. We don't want to listen to the vulgar druggie talk, smell their dope, or listen to the chop chop chop of the meth rocks or bubble bubble of their bong hits for breakfast ANYMORE! We will not move. We are not the criminals and won't be harrassed out of our lovely home. So please don't tell us it's the only way to get this to stop.

You can hear the "bubble bubble" of their bong hits?

[smutlydog]

Originally Posted by annegg

What is the name of your state? California

We have videotape and sound of minors in the yard of our neighbors using drugs. This is a rental home that hosts and houses, prepares, sells, drugs and drug users regardless of age. There is an adult present 24/7 and a video camera trained on the road, and most likely our backyard as well.

CAN we file a TRO against the tenants for their activities outside in sight and sound of my yard, and children by the way, as a nuisance or criminal or whatever behavior?
The police cannot get these people as hard as they claim they have tried despite the presence of minors. We don't want to listen to the vulgar druggie talk, smell their dope, or listen to the chop chop chop of the meth rocks or bubble bubble of their bong hits for breakfast ANYMORE! We will not move. We are not the criminals and won't be harrassed out of our lovely home. So please don't tell us it's the only way to get this to stop.

The police need to find somebody to make a controlled buy otherwise it will be hard to make a conviction stick. They can’t just raid the house without any paper work like a bunch of Red Coats. I think the best thing for the police to do is to do a “walk and talk”. That’s if it’s legal in California. Officers approach a suspected drug dealer’s house, strike up a conversation and ask them to consent to a search. If nothing else the people inside the house will probably poop in their pants, flush the drugs and make plans to move out. I think cops hate doing this because it reduces their chances of making a substantial bust later on. Also their may be an on going investigation. They don’t want to do anything that would screw that up.

[annegg]

Originally Posted by smutlydog

The police need to find somebody to make a controlled buy otherwise it will be hard to make a conviction stick. They can’t just raid the house without any paper work like a bunch of Red Coats. I think the best thing for the police to do is to do a “walk and talk”. That’s if it’s legal in California. Officers approach a suspected drug dealer’s house, strike up a conversation and ask them to consent to a search. If nothing else the people inside the house will probably poop in their pants, flush the drugs and make plans to move out. I think cops hate doing this because it reduces their chances of making a substantial bust later on. Also their may be an on going investigation. They don’t want to do anything that would screw that up.

So, is it possible that local PD don't know about an onging investigation? We don't, other than PD have told us they are aware of these people and how they are transporting the drugs. We were told they have already sold to the police. Don't the police then arrest on the spot?

[outonbail]

Originally Posted by annegg

So, is it possible that local PD don't know about an onging investigation? We don't, other than PD have told us they are aware of these people and how they are transporting the drugs. We were told they have already sold to the police. Don't the police then arrest on the spot?

It could be that they are waiting until they have all their ducks in a row or until they have a more serious crime. (like selling the police a larger quantity)
If they bust them on a simple possession charge, depending on their criminal record, they could easily be out of jail the same day they're arrested. If they want these people to do some serious time, they have to arrest them when they're holding some serious product! They may have an informant already making buys for them who is going to tip them as to when the time is right.

But my guess would be that they are using these people to find the bigger fish. If they just arrest them immediately, everyone that deals with them or sells to them will close up shop and disappear for a while. They probably want to identify all the players before making a move.

Either way, since the police have told you that they are already investigating them and know what they're up to, it would be in your best interest to let the police do their job and stop being the neighborhood monitor. You don't want these people blaming you for the problems they will soon be facing.

Stop tape recording them, stop listening to them and stop taking video of them. The police are giving them enough rope to hang themselves, so let them. Don't let yourself become the reason, in their eyes, for the troubles they are bringing on themselves

[annegg]

Originally Posted by outonbail

It could be that they are waiting until they have all their ducks in a row or until they have a more serious crime. (like selling the police a larger quantity)
If they bust them on a simple possession charge, depending on their criminal record, they could easily be out of jail the same day they're arrested. If they want these people to do some serious time, they have to arrest them when they're holding some serious product! They may have an informant already making buys for them who is going to tip them as to when the time is right.

But my guess would be that they are using these people to find the bigger fish. If they just arrest them immediately, everyone that deals with them or sells to them will close up shop and disappear for a while. They probably want to identify all the players before making a move.

Either way, since the police have told you that they are already investigating them and know what they're up to, it would be in your best interest to let the police do their job and stop being the neighborhood monitor. You don't want these people blaming you for the problems they will soon be facing.

Stop tape recording them, stop listening to them and stop taking video of them. The police are giving them enough rope to hang themselves, so let them. Don't let yourself become the reason, in their eyes, for the troubles they are bringing on themselves

This is very common sense reassuring advice, but, we are so worried the PD is going to give up and we will have to go after them and the landlord with the private nuisance angle that we feel we need evidence of our own. Do the PD ever just give up...and say...oh well we tried, the criminals are just to smart for us? it's your problem now.?

[CdwJava]

Originally Posted by annegg

This is very common sense reassuring advice, but, we are so worried the PD is going to give up and we will have to go after them and the landlord with the private nuisance angle that we feel we need evidence of our own. Do the PD ever just give up...and say...oh well we tried, the criminals are just to smart for us? it's your problem now.?

Sometimes there is not enough resources to do everything. Police work is all about the best use of available resources. If there are officers or investigators available, then the police will make an effort to investigate and hang these guys. But, if they are but one more POSSIBLE dope house in a jurisdiction where there are many or at least more pressing crimes, then they will not put it on the front burner.

It is NOT all that easy to just arrest these types of folks. The police can do a "knock and talk" and see if they get a consent search, but if the residents say, "No", then that could be that.

Also, many jurisdictions have found that the civil nuisance angle is the best one. Very often the civil angle you mention IS the best way to handle the problem.

- Carl