TIm
Valparaiso,#2Consumer Comment
Sun, October 03, 2004
I just need to correct something in my rebuttal. I made the statement that the cat litter was not in the house. In the original report, it was stated that there was some in the closet. This, however, does not change my analysis. My apologies.
Betty
Indianapolis,#3Consumer Comment
Sun, October 03, 2004
Tim is right on. This is a civil matter. The police are out there protecting us and risking their lives every day and you call about cat litter???? Come on!
Tim
Valparaiso,#4Consumer Comment
Fri, October 01, 2004
John, I whole-heartedly agree with your frustration. It is the duty of the police to make thorough investigations into complaints, but it is also the right of every citizen to be free from arrest unless the police feel that they can prove every element of the charge against them beyond a reasonable doubt. In the case of your ex-tenants, the officer probably felt that, if these people were such deadbeats in the first place, that they may have strewn their cat litter about out of laziness and s****.. In all reality, you may be right. But the standard by which someone may be subjected to prosecution is not "in all reality." I understand that the mere fact that the litter was dumped on the roof rather than in a garbage can seems like prima facie evidence of criminal intent, but it is not. The burden is still on you to prove, beyond a reasonable doubt, that the mess was created with the intent to vandalize the property (rather than with the intent to avoid a walk outside to the dumpster). While being a lazy slob is not against the law in a criminal sense, you do have the right to pursue civil recourse for any damages sustained (at least). Often times, in situtations like this, the police have to make the choice between expending public resources to perform an in-depth probe to ferret out a criminal intent that may never be found, or to leave you to your civil recourses. I would argue that they made the appropriate choice in this case. For the other crimes detailed, the decision to make an arrest is not in the hands of the police unless the crime is committed in their presence. They take the report and hand it off to the prosecutor, who will make a determination of whether there is sufficient evidence to charge the individual that you think committed the crime. If the prosecutor decides that there is sufficient evidence, he will apply to the judge for a warrant. Generally, in a case of theft, this bar will not be met unless the police can actually find the stolen item in the possession of the suspect. If, however, the police failed to make any attempt to follow up on your calls (i.e. talking to the person you think stole your bike or chainsaw), then you definitely have reasonable grounds for complaint. Best of luck to you, I hope that you have found better tenants!