Shoplifting, Larceny, Robbery, Theft Good Cop? Bad Cop? Cop At All?

[truerebeloutlaw]

My Brother In Law And His Girlfriend Just Broke Up. They Were Living Together In A House I Own Free Of Charge. She Came By A Few Days Ago To Get Her Belongings. I Told Her If He Would'nt Let Her In To Get Her Stuff I Would, I Was Tired Of The Bull And Ready To Put Them Both Down The Road. My Fieance Is His Sister.today A Corrections Officer (probation) Came By While I Was At Work. Tried To Lie His Way In By Telling Her That Her Brother Said She Had A Key And Would Let Them In To Get The Rest Of Her Stuff. He Did Not. Then He Ordered Her To Let Them In. She Said No. Get Warrent. They Would Have To Go To Court To Resoulve Ownership Of Rest Of Property. He Continued To Order And Became Verbally Abusive, Said He Did Not Need Warrent And Would Kick Door In. Caused Her To Cry And Become Very Upset. She Was A Wreck When I Got Home. This Guy Use To Be A Deputy For Covington, Co. And May Still Be. He Was In Civillian Cloths. Was This Legal? Was His Conduct Acceptible? Can I Take Action? Need To Know Quickly, If He Comes Back He Will See How To Openly Break The Law.

 

[secretsquirrel]

is it legal

I very much doubt if his behaiviour is legal. Sounds like Harressment to me. I am not qualified but in my oppinion I would Report his behaviour and maybe you could sue for criminal damage as well whilst your at it...
Hope you get it sorted out for all your sakes...
Best wishes...S

 

[ESS999]

Should he stop by again, he should first be told to leave the premises and told that if he doesn't the police will be called. If he doesn't leave, call the police. They will escort him off the property, and if he is employed as you think, his employer will probably be told.
As to the property issues, the ex-girlfriend should go to court and file a conversion (theft) charge against your ?future? brother-in-law. Most likely the court will set a time and date for the ex-girlfriend to enter the property and remove her belongings and dismiss the charge against him if he co-operates. Even though you own the property, I would hesitate to advise you to get involved in this matter - if the brother-in-law is not present when the items are removed and something of his is missing, this could cause legal hassles for you, not to mention the more important family arguments. Stay out as much as possible.

 

[Michael Wechsler]

My Brother In Law And His Girlfriend Just Broke Up. They Were Living Together In A House I Own Free Of Charge. She Came By A Few Days Ago To Get Her Belongings. I Told Her If He Would'nt Let Her In To Get Her Stuff I Would, I Was Tired Of The Bull And Ready To Put Them Both Down The Road. My Fieance Is His Sister.today A Corrections Officer (probation) Came By While I Was At Work. Tried To Lie His Way In By Telling Her That Her Brother Said She Had A Key And Would Let Them In To Get The Rest Of Her Stuff. He Did Not. Then He Ordered Her To Let Them In. She Said No. Get Warrent. They Would Have To Go To Court To Resoulve Ownership Of Rest Of Property. He Continued To Order And Became Verbally Abusive, Said He Did Not Need Warrent And Would Kick Door In. Caused Her To Cry And Become Very Upset. She Was A Wreck When I Got Home. This Guy Use To Be A Deputy For Covington, Co. And May Still Be. He Was In Civillian Cloths. Was This Legal? Was His Conduct Acceptible? Can I Take Action? Need To Know Quickly, If He Comes Back He Will See How To Openly Break The Law.

First of all, regarding both your tenants, they have a right to have access to the home at this point as tenants. You can't just throw them out without notice, even though they aren't paying rent (at least from my understanding in many jurisidictions, there are posts here about San Francisco for an example.) The officer, however, had absolutely no right to enter from what I heard -- did he have any probable cause to conduct any search? An exigent or urgent circumstance? A warrant to enter the private home? I didn't hear of any and would think that this officer overstepped his bounds.