attempted theft of property in apartment parking lot????

[wolf1]

What is the name of your state (only U.S. law)? OKLAHOMA

I live in an apartment, drive both motorcycle and truck, chain the motorcycle to the truck everynight. (its been stolen 2 times and i dont have insurance/full-coverage for that)

with two vehicles i am allowed two parking spaces. i ride my motorcycle everyday to class, and on the weekends i use my truck to work for my dad.

parking is not assigned, i leave my motorcycle on the end two spots so that i can park them together when i return. i put a padlock on disc brake or chains on the tires.

i have been doing this for at least a year with no problems, and recently the last 4 saturdays someone has been moving my motorcycle around several ways each time.

i do not know if they are upset that i have a motorcycle taking up 2 spots for 8-12 hrs once or twice a week, or if they are trying to steal it. the way it is left indicates they are trying to roll it bc the padlock is on the back of the caliper; it has been rolled forward until the lock stops motion and then its moved further in a random direction.

im worried about damage to my brakes bc they feel funny the next time i ride it, i know how to fix it and how everything works, but still i dont want to deal with a problem on the highway bc someone is messing with me


heres the questions i cant find answers for:

1 can i use physical force (no weapon, just my fist) to stop someone from damaging/moving/stealing my property in an apartment complex parking lot?
i asked the police, and called for advice on other matters in the past years, no matter what my question always the same answer: "just call us"
im pretty sure thats just what they tell everybody for everything now.

2 what can i do about it? are non lethal measures acceptable for making a citizens arrest until a cop can show up? taser?

3 is it illegal for someone to move another persons vehicle without them knowing to a different location outside of the parking space they left it in?

again i did ask the police, but all i got was: "just call us"

i plan on setting up a video recording device and have talked to multiple neighbors to ask if they have seen it happen and just sort of explain my situation so im not just the jerk who takes two spots, even though i really feel justified trying to take less than two spots with two vehicles parked extremely close together so that others have extra room to exit their vehicles. ive been doing this a whole year living here with no problem, and now all of a sudden i have someone who thinks they have to fight for freedom of parking or is trying to steal my stuff..

im open for your constructive criticism thank you

 

[FlyingRon]

It's not theft (or in Oklahama: Unauthroized use of the vehicle). There's no attempt to deprive you of the property.

We have a word for physical force in situations like this, it's called battery, and you can go to jail.
Evening threatening harm is assault and you can go to jail.

I know of no statute in Oklahoma that prevents them form moving your motorcycle without damaging it out of multiple spaces.

You want "constructive" advice. Stop being a jerk and parking across the spaces.

 

[wolf1]

so your saying that its battery to keep someone from moving/damaging/stealing your property?

i know you think im a jerk, but the general consensus of my neighbors is that its fine. i do this so i can chain them up.

so in a state with a "stand your ground law" and "open carry" i just have to bend over and let them take/move/damage my stuff? lol

 

[justalayman]

so in a state with a "stand your ground law" and "open carry" i just have to bend over and let them take/move/damage my stuff? lol

that does not mean you can go willy nilly and beat, or shoot somebody just because you don't like what they are doing. There are specific allowances in the law that invoke the laws you are addressing there.



you need to understand nobody is attempting to steal your property. They are tired of some jerk claiming two parking spaces for a motorcycle that requires one space. While most of your neighbors don't have an issue with it, apparently somebody does.

have you addressed the management about the issue? I suspect you will get a response similar to those you got here.

here's a suggestion for you:

park your bike cross ways in a space such that you can pull your truck into the same space. Then chain the thing to the truck. when you leave you wouldn't even have to move the motorcycle from where it is.

 

[FlyingRon]

so your saying that its battery to keep someone from moving/damaging/stealing your property?

Listen to me carefully, you didn't seem to hear me the first time.
In order for it to be THEFT there has to be intent to deprive. There is no such element here.

Even if it was theft, it would still be BATTERY. This is not self defense. There's no statutory right to assault someone in this case.

so in a state with a "stand your ground law" and "open carry" i just have to bend over and let them take/move/damage my stuff? lol

Again, they are not taking your stuff.

Further, if you're going to start OPEN CARRYING or STANDING YOUR GROUND you might well better read the law again.

First off, OPEN CARRY in the act only applies to carrying the pistol on your person (that is HOLSTERED). Once you take it in your hand you are no longer protected and your act can LEGALLY BE CONSIDERED ASSAULT. You better be DAMN sure that you are in some lawful self defense or other action at that point or you just committed a felony.

The stand your ground law doesn't let you go blasting away (or threatening to do so) at someone stealing your ride.
It only cover imminent peril of death or great physical harm or forcible and unlawful ENTRY into your dwelling, place of business, or occupied vehicle.

 

[justalayman]

I've got another idea for you as well:

I live in an apartment, drive both motorcycle and truck, chain the motorcycle to the truck everynight. (its been stolen 2 times and i dont have insurance/full-coverage for that)

purchase insurance for that


along with that, put a radio locator in a hidden place on the bike so you can track it if it is stolen.


but your attitude is likely to get you hurt or arrested and I don't know any motorcycle really worth that.

 

[wolf1]

ok look

im not planning on hurting anyone were playing hypotheticals here because i want to know

i like the idea on the single spot, and i have done it at a different apartment complex, here parking is PLENTIFUL empty spots everywhere so i go way off to the edge and have been fine for a year. i also like the idea of the transponder, i have considered it, but i couldnt find one where i didnt have to pay for the service of locating it. i might have not looked hard enough.

look i dont care what your impression of my attitude is. i never mentioned wanting to shoot anybody, im merely comparing mindsets for the laws.

i found after a long google search what i wanted to know, its called "trespass of chattel" i figured coming here someone would have pointed me in that direction. weve established its not a crime. but since there has been damage however small its a tort. im just going to do it again and sit on my buddies porch in sight and wait to confront mr. parking space freedom fighter

i believe i got what i needed here (no help, a few ideas ive already had, and name calling lol) , go unwad your panties ha

you wont see me back here again

 

[quincy]

ok look

... i found after a long google search what i wanted to know, its called "trespass of chattel" i figured coming here someone would have pointed me in that direction. ...

It is possible no one pointed you in the direction of "trespass of chattel" because it does not apply to what you describe here. It is one thing to know how to Google. It is quite another to be able to understand what it is you have Googled.

Here is a link to the Restatement (Second) of Torts on Trespass to Chattels (§217, §218) for the benefit of others, since wolf1 has promised not to return: http://law.lclark.edu/live/files/12795-restatement.pdf

 

[LdiJ]

that does not mean you can go willy nilly and beat, or shoot somebody just because you don't like what they are doing. There are specific allowances in the law that invoke the laws you are addressing there.



you need to understand nobody is attempting to steal your property. They are tired of some jerk claiming two parking spaces for a motorcycle that requires one space. While most of your neighbors don't have an issue with it, apparently somebody does.

have you addressed the management about the issue? I suspect you will get a response similar to those you got here.

here's a suggestion for you:

park your bike cross ways in a space such that you can pull your truck into the same space. Then chain the thing to the truck. when you leave you wouldn't even have to move the motorcycle from where it is.

I am a little confused. A motorcycle is entitled to its own parking space and it seems to me that it would be quite difficult to park both a pickup truck and motorcycle in just one parking spot. A pickup truck takes up a whole spot by itself.

And while I agree that its possible that someone is trying to move it, the fact that the OP states that parking is plentiful, and the fact that the OP has had problems in the past with his bike being stolen, I think its at least a 50/50 chance that someone is trying to steal it.

However, I agree that he is over the top on his "solutions".

 

[quincy]

I am a little confused. A motorcycle is entitled to its own parking space and it seems to me that it would be quite difficult to park both a pickup truck and motorcycle in just one parking spot. A pickup truck takes up a whole spot by itself.

And while I agree that its possible that someone is trying to move it, the fact that the OP states that parking is plentiful, and the fact that the OP has had problems in the past with his bike being stolen, I think its at least a 50/50 chance that someone is trying to steal it.

However, I agree that he is over the top on his "solutions".

He is using TWO spaces for his ONE motorcycle, depriving others of a space while his truck is gone.

And, as a note, there is a 50/50 chance at all times of ANYONE's property being stolen.

 

[justalayman]

LdiJ;3302765]I am a little confused. A motorcycle is entitled to its own parking space and it seems to me that it would be quite difficult to park both a pickup truck and motorcycle in just one parking spot. A pickup truck takes up a whole spot by itself.

op already stated he has done exactly what I proposed and while some PU trucks may take up an entire space, others won't. It was a suggestion. The OP could evaluate the suggestion and determine if it was feasible and beneficial.

but of course a MC is entitled to it's own parking space but the OP is using it to occupy TWO spaces.

And while I agree that its possible that someone is trying to move it, the fact that the OP states that parking is plentiful, and the fact that the OP has had problems in the past with his bike being stolen, I think its at least a 50/50 chance that someone is trying to steal it.

a very undetermined soul if the case. If I wanted to steal it I would toss it into the back of my pick up truck and drive my truck away. One could always cut the locks as well. It takes less than a half of a minute to cut most locks with a battery operated angle grinder and a cut off blade.

 

[LdiJ]

He is using TWO spaces for his ONE motorcycle, depriving others of a space while his truck is gone.

And, as a note, there is a 50/50 chance at all times of ANYONE's property being stolen.

Where did you get that he was using two spaces for his bike when his truck was gone?

 

[quincy]

What is the name of your state (only U.S. law)? OKLAHOMA

... i leave my motorcycle on the end two spots so that i can park them together when i return. ...

... i do not know if they are upset that i have a motorcycle taking up 2 spots for 8-12 hrs once or twice a week, or if they are trying to steal it. ...

This is where I got it.

 

[STEPHAN]

I live in an apartment ...

Ever considered renting a house with a garage to secure you motorcycle?

 

[Just Blue]

Where did you get that he was using two spaces for his bike when his truck was gone?

Because OP said he did.