NCP Trespass and the "My daddy's a cop" defense

[Ozark_Sophist]

What is the name of your state? Missouri

Our neighbor recently gained custody of his 3 yr old son from his ex-girlfriend. Our neighbor, his wife, the 3 yr old, and 2 month old baby visited family out of state over the weekend. They had to let the NCP know where they went.

The last time they visited family and notified the NCP, she broke into their house and alot of vandalism (tore up wife's clothing, spray painted the walls, etc). This time the neighbor asked me to watch for the ex. (we live in the country).

Sure enough, the ex showed up on saturday. I grabbed the camera, walked into the yard, saw her with some of the neighbor's property in hand, and then walked into neighbor's yard. She saw me, so she left the garage and went back to her car.

As I elevated the camera (I wanted a good clear picture of the license plate), she popped out of the car, came around her car, and said, "My daddy's a cop, so you can't take a picture of me or my car." LOL. My thought was it would be better if her dad was a lawyer at this point.

Anyway, told her she was trespassing, and I explained I knew she broke in the last time my neighbor left town and damaged property. She said, "I didn't break in, I had a key so it wasn't burglary." LOL

In short, she left. Deputy said she is good for trespass and burglary for saturday, especially since she smiled for the camera. For the previous attempt, trespass, burglary, and criminal damage to property. (Neighbor didn't prosecute at that time because he was in the process of seeking custody and she had threatened to take child out of state.)

My question is how would something like this effect visitation? The ex told the 3 yr old she was going to break in while the neighbor was out of state, so she could steal his (child's)stuff and then take the kid and run.

Oh, and bonus. Her dad works at Red Lobster, not LE.

 

[LdiJ]

What is the name of your state? Missouri

Our neighbor recently gained custody of his 3 yr old son from his ex-girlfriend. Our neighbor, his wife, the 3 yr old, and 2 month old baby visited family out of state over the weekend. They had to let the NCP know where they went.

The last time they visited family and notified the NCP, she broke into their house and alot of vandalism (tore up wife's clothing, spray painted the walls, etc). This time the neighbor asked me to watch for the ex. (we live in the country).

Sure enough, the ex showed up on saturday. I grabbed the camera, walked into the yard, saw her with some of the neighbor's property in hand, and then walked into neighbor's yard. She saw me, so she left the garage and went back to her car.

As I elevated the camera (I wanted a good clear picture of the license plate), she popped out of the car, came around her car, and said, "My daddy's a cop, so you can't take a picture of me or my car." LOL. My thought was it would be better if her dad was a lawyer at this point.

Anyway, told her she was trespassing, and I explained I knew she broke in the last time my neighbor left town and damaged property. She said, "I didn't break in, I had a key so it wasn't burglary." LOL

In short, she left. Deputy said she is good for trespass and burglary for saturday, especially since she smiled for the camera. For the previous attempt, trespass, burglary, and criminal damage to property. (Neighbor didn't prosecute at that time because he was in the process of seeking custody and she had threatened to take child out of state.)

My question is how would something like this effect visitation? The ex told the 3 yr old she was going to break in while the neighbor was out of state, so she could steal his (child's)stuff and then take the kid and run.

Oh, and bonus. Her dad works at Red Lobster, not LE.

I hope you called 911 and reported a robbery in progress before you started snapping pictures. I also hope that dad is smart enough to change his locks and maybe even consider a security system.

I don't know that it would effect visitation at all. The only witness to her threat to take the child's stuff and run with the child is a 3 year old, which is not exactly a credible witness.

However, I hope she gets truly prosecuted for her crimes....and I hope that you are prepared to testify to her "confession" for the previous break-in.

 

[Ozark_Sophist]

While I was out with the camera, my wife was on the phone with 911. We live in the extreme corner of the county, so response time is slow. We once witnessed an assault in progress in a field near our house, and the fire department (rescue) took 15 minutes and sheriff's office took 45 minutes. It's getting better. In this case, the ex left well before LE response. Since we had the evidence, but no contact information for the neighbor to confirm the no trepass order, LE waited until they could establish contact with the neighbor.

I've already completed the witness forms and made the camera available for inspection. Going to have to get a new digital card to preserve the electronic record (date/time).

What irks me about the situation is the NCP taking advantage of the notification requirement for travel overnight outside the state to burglarize and vandalize CP's house.

 

[ceara19]

While I was out with the camera, my wife was on the phone with 911. We live in the extreme corner of the county, so response time is slow. We once witnessed an assault in progress in a field near our house, and the fire department (rescue) took 15 minutes and sheriff's office took 45 minutes. It's getting better. In this case, the ex left well before LE response. Since we had the evidence, but no contact information for the neighbor to confirm the no trepass order, LE waited until they could establish contact with the neighbor.

I've already completed the witness forms and made the camera available for inspection. Going to have to get a new digital card to preserve the electronic record (date/time).

What irks me about the situation is the NCP taking advantage of the notification requirement for travel overnight outside the state to burglarize and vandalize CP's house.

This would certainly give your neighbor good cause to have the notification clause changed. If the ex shows up again, could you ask her if her daddy could hook me up with some of those yummy cheddar garlic biscuits?