Near Citizen Arrest

If that were me I'd press legal action. Fuck that shit, what a cocksucker.
 
hope you have some cuts N bruises if you plan on taking legal action.

And by the way, dunno how it is in Cali, but around here, Landlords can do whatever the fuck they'd like, including evicting on a whim.

This is better suited in Legal Discussion so I'll move it there, mods will approve it soon likely
 
You could definitely sue for assault. What he did was unjustified and whether or not you were smoking MJ. [last sentence edited; not helpful]
 
Last edited by a moderator:
this is what can happen. if you report that to the police; say nothing about pot, only that this man assaulted you as you were leaving; are able to tell them which neighbor it was; and they question the man about it, and he says he doesn't know what they are talking about, it never happened; then nothing will happen.

but if you report the incident to the police, say nothing about the pot, are able to tell them which neighbor it was, and when the police question him about it he says, "yeah, i tried to restrain him with a crowbar because they were smoking pot in their apartment," the police then have evidence by him admitting guilt and will likely arrest him.

just depends on how dumb the neighbor is.

the police likely will not care about the pot, but they will likely report the incident to the owner of the building, who might care about the pot.
 
don't forget to tell the cops about the weed, if you leave that out, any court actions would be shady
i'd just edit this into my post, but i cant because it is LD, but DO NOT mention you were using weed. jesus. let the neighbor explain that in his confession.
 
sorry about triple posting. if the mod that approves these messages is able to combine them all into one, that would be cool. but i want to clarify something.

when you tell the police about the incident, tell the truth minus the pot. you were in your apartment doing whatever--watching tv, playing a game, talking, whatever--a angry neighbor(s) banged on the door, demanding entry; obviously you guys did not answer as he seemed aggressive; soon after you decided to leave; describe the fashion in which you were assaulted. no lying, just leave out the part that incriminates you (drug use and possession). then, if you are lucky, the neighbor confirms your story, adding the suspicion of pot use. the police might mention the pot to you, and of course you do not incriminate yourself or your friend. the police will likely not care about an allegation of marijuana possession or use, but you certainly do not want to give them proof or a confession of it.
 
It's not assault.
It's battery.

^^^^^^^^^ The chasing -- the attempted use of violent force (criminal arena) and/or the threat of the attack that generated fear (civil arena) -- was assault. The crowbar to the chest -- the actual use of force (criminal arena) and/or the harmful and offensive touching (civil arena) -- was battery.
 
Last edited by a moderator:
hes in california, and its after the fact, you will want to include all information so it isn't seen as lying with ommission,

and since its an infraction they can't give him a ticket,
 
here when someone gets assaulted and jacked or something, the cops will say "ok, the point here isn't that you were selling anything or buying anything, thats done and over with its the assault that matters", if you leave something out the cops can pick you apart and it doesn't help your credibility, makes you not seem honest, also the defense lawyer from this other guy could use that in court if it ever gets to that stage
 
Yea i agree with the leaving the pot smoking out
Also i would heads up your friend JUST in case the ding bat neighbor raises much heck about the weed situation and the police decide to visit there.


They were wrong they are guilty of a crime BUT is your friend having a home more important?
Just saying sometimes sadly we have to learn to walk away even when the other person is dead wrong
 
You weren't smoking when he attacked you, he assaulted you, so you can press charges.

Correct.

OP, Please do not rely on the following as legal advice, because I am not a lawyer and I do not represent you in a court of law.

Citizens' Arrests in California - basic rundown of required elements and definition, with relevant linkage to more

The choice at this point for you is whether or not to file a police report, which is what the landlord should have told you to do as it is simple common sense. Should you choose to file a police report for assault, you may be asked to give testimony under oath. The longer you delay it, the less credible it would be (layperson's opinion).

In California, if you make a citizen's arrest, you must report the incident to the police in full and turn over the perpetrator as soon as you possibly can. That should be a matter of minutes in most cases; otherwise it's false imprisonment/kidnapping, and the perpetrator could press charges for that. The police would likely interview you, under which circumstances you could invoke your 5th Amendment rights (meaning you need not incriminate yourself) - but if the person who assaulted you goes to trial or even before, you could be subpoenaed to give sworn testimony.

Short version: not an optimal situation; keep yourself out of it as best you can, and if you choose to pursue an action, keep your own hands clean.

Good luck whether you decide to pursue the action or not.
 
The OP clearly *has* to be bullshitting here.

You can't tell me, with a straight face, that some guy assaulted you with a crowbar for smoking pot in a private residence.

You clearly provoked somebody, or committed a far worse crime.

Just tell us what actually happened.
 
It is irrelevant legally speaking whether you were smoking weed or not. The only legally relevant thing is that you were assaulted with a weapon. Whether you smoked weed or not, the neighbor is not justified in doing what he did. There`s absolutely no reason to incriminate yourself here, and I highly doubt they would even bother to follow up on his claims that you guys were smoking. It`s just not relevant to your case, and there`s no probable cause to search or test just because some maniac with a crowbar said you guys were on drugs.
 
The OP clearly *has* to be bullshitting here.

You can't tell me, with a straight face, that some guy assaulted you with a crowbar for smoking pot in a private residence.

You clearly provoked somebody, or committed a far worse crime.

Just tell us what actually happened.

Sorry to bump, but I had to respond to this. I told the absolute truth in this post. The neighbor could smell the marijuana I guess, and he started banging on the door. I had not said anything to him, and the first time he saw me was when a crowbar was put over my head to restrain me. I decided not to press charges or file a police report and instead share the story with others.
 
using Canadian law here...since marijuana is still a federal offense in the felony category, could he not be arresting you on the federal law vs the state law. (In Canada, we can choose to proceed with some charges under provincial or federal law) If that happens to be the case, and if your citizens arrest laws are similar to ours (i.e. to effect an arrest, one may use all force necessary - citizen or peace officer) then he wouldn't be breaking the law, save the part about failing to report it to peace officer forthwith. But I'm not 100% on how state vs federal laws work down there. Here, Federal always trumps provincial.
 
I would retain a lawyer, call the police and get that asshole charged. I wouldn't even bring your friend and the smoking into it. That asshole attacked you.
 
Correct.

OP, Please do not rely on the following as legal advice, because I am not a lawyer and I do not represent you in a court of law.

Citizens' Arrests in California - basic rundown of required elements and definition, with relevant linkage to more

The choice at this point for you is whether or not to file a police report, which is what the landlord should have told you to do as it is simple common sense. Should you choose to file a police report for assault, you may be asked to give testimony under oath. The longer you delay it, the less credible it would be (layperson's opinion).

In California, if you make a citizen's arrest, you must report the incident to the police in full and turn over the perpetrator as soon as you possibly can. That should be a matter of minutes in most cases; otherwise it's false imprisonment/kidnapping, and the perpetrator could press charges for that. The police would likely interview you, under which circumstances you could invoke your 5th Amendment rights (meaning you need not incriminate yourself) - but if the person who assaulted you goes to trial or even before, you could be subpoenaed to give sworn testimony.

Short version: not an optimal situation; keep yourself out of it as best you can, and if you choose to pursue an action, keep your own hands clean.

Good luck whether you decide to pursue the action or not.

to add a counter point, regardless of the arrest being valid on reasonable and probable grounds(witness the commission of an indictable (CDN term)/felony offense), the fact you resisted arrest and took off, would up here, be obstruct justice, resist arrest, and unlawfully at large. If the arrest was invalid, then the peace officer who arrives should/would release, and charge him with assault/wpn false arrest/false imprisonment and possibly obstruct for having hindered rather then aided law enforcement.

using cdn law, a police officer could charge both of you if it was reported and he or she felt so inclined....probably best to let it become history.
 
Top