Neighbor Arrested: Orange County

[greg36f]

I'm in with the clarify crowd. It sounds like your buddy got burglarized (459PC) not robbed (211 PC) and that he confronted and detained a guy he suspected of doing the crime with a gun.

I mean, if he did not pull a gun on the guy, how did the cops know he had it in the truck?

Unless he had rock solid proof that the guys did the crime, it sounds like your buddy committed an ADW and false imprisonment.

I'm not saying that that was what happened or that in fact your buddy committed ANY crime, I'm just saying that there is a LOT missing from this story.

[Shorthair]

I have thought through what I would/should do in burglary/robbery situations. Taking a gun outside the 4 walls of my home is something I wouldn't do unless the circumstances were EXTREME. Even then I'm not sure. A loaded gun on a public street against a burglary (maybe robbery?) threat would be stretching it for me. In my home my gun is pretty much lawful to use and explaining that I felt life and limb were threatend is very plausible. On the street against a theft threat that was (apparently) not a face to face life threatening encounter with the perp would be way to risky for me. I hope things turn out well for this guy and Calguns is able to support him with a solid legal defense team IF the circumstances merit such a defense. In this day and age right and wrong are frequently twisted and the good guys are turned into bad guys far to often. However, this story has a lot of missing pieces. Sounds like the neighbor is a really good guy but may have made a bad choice in how to handle the very frustrating situation he was faced with.

[USMC0621]

This story has more holes than Swiss cheese

[taperxz]

Blocking the entrance and exit to a cul de sac with a vehicle and loaded weapon to detain a possible burglar is not defending life.

What if the other neighbors in the area needed to get out in an emergency?

This was dumb and illegal. This was also acting as a LEO. Even those with a CCW are told in class NOT to act in such a way.

This was dumb. LOL

[Best sale]

****.



Illegal loaded carry is not as bad as you think. I believe its a misdemeanor if the gun isnt being used in a crime. The gun is gone forever .

True from what I read. It is mostly a misdemeanor, especially if the gun involved is legally registered to the person involved and if apparently the arresting Boys in Blue decided not to be an Ego tripping D-CK head .

[a1c]

There is a lot more to this story, I'd bet.

[FireArms101]

I'm in with the clarify crowd. It sounds like your buddy got burglarized (459PC) not robbed (211 PC) and that he confronted and detained a guy he suspected of doing the crime with a gun.

I mean, if he did not pull a gun on the guy, how did the cops know he had it in the truck?

Unless he had rock solid proof that the guys did the crime, it sounds like your buddy committed an ADW and false imprisonment.

I'm not saying that that was what happened or that in fact your buddy committed ANY crime, I'm just saying that there is a LOT missing from this story.

Is the "neighbor" also captain of the neighborhood watch and live in Florida?

greg36f youre thinking what I'm thinking. Sometimes our laws not only protect victims but also criminals and there is no way out of that. Did the "neighbor" observe the crime taking place or did he just assume a crime was about to go down and took action. It sound like the "neighbor" saw something suspicious and went to go investigate which possibly lead to him unlawfully detaining what he felt to be the "criminal" or his criminal. You can just go around blocking suspicious people with your car and pointing guns at them. This sounds like the assumed bad guy or girl was viewed as the victim in this scenario and the police did the right thing. Sometimes I get lost in neighborhoods and would hate to get lost in yours.

We need more info like WHATS YOU NEIGHBOR NAME so we can research this a lot better. I'm not a fan of hearsay.

[Armando de la Guerra]

2A lawyer Bruce Colodny.

[bruss01]

This story has more holes than Swiss cheese

The story in the OP makes no sense as told. It would seem like half the details are left out... the natural assumption is that anything unfavorable to the neighbor is being left out.

No indication of why neighbor thinks the particular person took the rifle.
No detail on why neighbor thinks the particular person tried multiple times to perform theft.
No detail on how the ultimate confrontation occured. You can't detain people because you "think" they did something, that in itself is a crime.
No detail on how cops discovered a handgun in the neighbor's car... what was probable cause?
Did the neighbor brandish the pistol, then toss it in the car when the cops arrived? That would explain the arrest, and probable cause, but the account in the OP leaves out anyting that would confirm or deny this natural assumption.

This neighbor seems to play fast and loose with the rules. And since the cops haven't arrested the suspected theif, it seems there may not have been sufficient evidence to convince them that the suspected thief actually had committed a crime.

I don't want to offend the OP but if you're going to tell a story, tell the damn story, not 1/4 or 1/3 of it and leave a narrative that doesn't make any sense to the reader.

[BlackCatRacing#13]

The Truth is CALIFORNIA Sucks

F.Y.I.
I was Watching the NEWS Today about how the CRIME / BURGLARIES have risen since CALIFORNIA has been sending Prisoners Home Early Release Programs

Prisoners get out Early from Budget Cuts but still Continue to Commit Crimes

And to Top it Off
The Police in My Neighborhood are too busy giving out Traffic Tickets to Citizens then STOP Real CRIME

There are 3 Seperate GUN Buy back Programs this Month to Rid our Streets of Dangerous Guns Really Why? only Dangerous People use Guns

CALIFORNIA should be Tougher on Criminals & Let them stay in PRISON and do the Time they are Given

CALIFORNIA should do more for the People of this State that are Law Abiding Citizens who use Guns only for the Proper Use






.

[bruss01]

For instance, you can't have a person arrested, nor is their probable cause for a search warrant, based on the fact that of all the people you can think of that could possibly have committed a crime, you have cleared all but one of them. You have to have some evidence actually pointing toward their guilt, not just that "well, that's the only person I can think of, who else could it have been? It MUST have been him!" While that's certainly cause to look a little harder... you'll have a tough time convincing a judge to grant a search warrant based on little more than a hunch.

[Ritchie8719]

PC 26045 -

"26045. (a) Nothing in Section 25850 is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that any
person or the property of any person is in immediate, grave danger
and that the carrying of the weapon is necessary for the preservation
of that person or property."

Again, if it was a third attempted 'forcible robbery' as OP stated, it could be justified to have a loaded gun.

However, if a simple burglary, maybe not so much.

No sense to only posting this. There is more to the section, and it counts.

[Your ad here]

What neighborhood in south OC?

[pm123]

Doesn't leave me feeling secure about my neighborhood...

I understand the CA laws... Yet, These criminals were obviously terrorizing my neighbor and it seemed to have no effect on the outcome of the incident...

On Christmas morning last year, as we were opening presents, I see a older guy in camouflage walk up to my car and look in it. Then he disappears on the side of my house. I run out there to throw out trash and confront him. He's not there. He entered my premises, and is doing who knows what. It was unlawful trespassing at that point. He was either trying to gain access to by garage or my back door. I ran back in the front door, and grabbed my 1911. Ran back out and ordered him to show him self, said I'm armed, and he's under citizen arrest for breaking and entering.

He hopped the back fence and came running around the block. I pointed the gun at him and ordered him to the ground as he was walking straight at me. He ignored me and walked off down the street, I let him go. My gf was on the phone trying to get police out there. The cops show up 30 min later. They didn't care or even try to get a description from me. My gf luckily was smart enough to not say I pulled a gun on him.

Everyone that found out about the situation said I was in the wrong for pulling my gun and feeling threatened. Said I should have just fought him in a fist fight. I got chastised by friends, family and neighbors.

That's when I decided CA laws and this attitude of turning the criminals into victims was the last straw. I now own a house in Idaho, and will be foreclosing my Sacramento home in January.

I will not be a victim in my own home! Good luck to your neighbor. And leave this hell hole called California.

[AlexDD]

You shouldn't have a problem contacting them.

http://michellawyers.com/