Forsyth County Deputy wanted to disarm me in my own yard

ixtow said:

Sure looked like a steep hill. If the driver put it in neutral and forgot the parking brake...

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stuckinchico said:

Homemade thermite gernade[sic] to hood, through the block, then let him call the tow truck. just a suggestion, since it is on your property, he must have been giving it to you as a gift

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Advocating criminal actions? Really, I expect more of people here.
We are better than that, aren't we?

My Brother had a similar situation what he did was post a sign that said parking 500 dollars per hour when the guy parked there again he sued him and won. Don't about the laws in your state but it's worth looking into .

Fallschirmjäger said:

Advocating criminal actions? Really, I expect more of people here.
We are better than that, aren't we?

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I didn't realize that an illegally parked car who's owner/driver forgot to put the parking brake on, could be charged with a crime...

Not a crime, but definitely a violation of 40-6-201 "No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, effectively setting the brake, and, when the vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway."
An unauthorized person moving said vehicle into a traffic lane, or causing it to roll downhill, or would be a criminal act however.

Theres no crime in damaging your own property....... Should have not been a D*ck..........

Fallschirmjäger said:

Not a crime, but definitely a violation of 40-6-201 "No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, effectively setting the brake, and, when the vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway."
An unauthorized person moving said vehicle into a traffic lane, or causing it to roll downhill, or would be a criminal act however.

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§ 40-6-201. Leaving motor vehicle unattended


Reserved. Repealed by Ga. L. 2007, p. 214, § 3, effective July 1, 2007.

http://www.lexisnexis.com/hottopics/gacode/

Kingfish said:

§ 40-6-201. Leaving motor vehicle unattended


Reserved. Repealed by Ga. L. 2007, p. 214, § 3, effective July 1, 2007.

http://www.lexisnexis.com/hottopics/gacode/

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Hater, you just want me to get my house egged, or yard torn up don't you? Admit it.
Doing 'revenge' kinda stuff to someone's property when it's easily attributed to you is just recipe for trouble I don't want to throw in the oven.

I've always tried to be smart enough Not to be linked so easily to my crimes and misdemeanors.

Fallschirmjäger said:

Hater, you just want me to get my house egged, or yard torn up don't you? Admit it.
Doing 'revenge' kinda stuff to someone's property when it's easily attributed to you is just recipe for trouble I don't want to throw in the oven.

I've always tried to be smart enough Not to be linked so easily to my crimes and misdemeanors.

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Um....HUH?

I have been out of it for a few days but I have no clue what the hell you are talking about.

easy response

Just park behind the other car, put something heavy in front if necessary to keep him (her?) from driving through the yard, and have a nice polite conversation about private property (how polite depends on their response) when they want to leave.

AFM

A few thoughts:

The concrete pad is clearly in the yard & not part of the roadway. If it was grass instead of concrete & someone else parked on the grass then they would be parking IN the yard. The mere fact that the state has a right of way wider than the actual road is only for official use. If they wanted to widen the road they don't have to condemn property to do it. If they want to install curbing, or in extreme cases, a sidewalk then they can. It isn't so that anybody can park in anybody else's yard.

As to the Leo asking the home owner to leave his handgun in the house, that was the time to address the injustice of disarming a homeowner on his own property. To go inside & come back out carrying the gun the LEO asked the OP to leave behind was his right, but not good judgement. If I had a problem with a LEO asking me to leave my gun inside then I'm going to address the LEO's concerns as soon as he asked me. This LEO sounds like a Barney Fife. Either he is a rookie, or he really does need to get another job that is more to his liking.

Fallschirmjäger said:

Thank you, Zach, and just how would you have 'handled the situation?
Ask politely of the young man (which I did) and have him say 'no'?

Have the car towed?
Flatten his tires?
Put a banana in his tailpipe?

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Option 1 sounds pretty good to me, assuming your interpretation of the parking legalities is correct. Using the private market to solve a private problem is never a bad thing.

By bringing in one of the state's armed enforcers, you elevated what should have been a simple private concern into a public affair, and increased the risk of bodily injury to yourself and any others in the vicinity.

Fallschirmjäger said:

Advocating criminal actions? Really, I expect more of people here.
We are better than that, aren't we?

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Most of us are.

For those of you who may be confused about this issue.....

The cement pad shown in the pics is the OP's property. He legally owns the property, and can do what he wants to with it. (Within local ordinances/regulations). However, the right of way that the county, city, etc, has is, in the cases I have dealt with, 33.5 feet from the center line of the road. Now, the right of way does not grant the local unit of government ownership of the property. If there are things that the LUG needs to do, they will do it. Generally, after talking to the owner of the property and alerting them to what is about to happen, it goes off without a hitch. Most times the city will alert its citizens that a tree crew is going to trim trees along the right of way, or a new drainage ditch is going to be installed. That is the extent of what the LUG can do.

OP was in the right. Police, and car owner were in the wrong.

I somewhat agree with one of the other members. I dont call the police unless I absolutely have to. Its a personal choice on how to handle every situation. I would have talked to the car owner and requested that the vehicle get moved. And if he declined, I would tell him that he has until the wrecker gets here to move it or it will have a more secure parking space at the impound lot. Then its up to him.

Now, on to the officers reaction to your legally carried firearm.

If I were involved:
The minute he told me to leave the firearm inside, I would have told him to leave. You called on him to serve you, and in return he tried to violate your private property and civil rights. If he insisted on threatening you with a firearm, I would have retreated inside, and called him supervisor.

I think you handled the situation very well. Job well done.

"IF" the officer's firearm was pointed at you. Then a criminal complaint for assault with a deadly weapon or similar may be in order. An officer pointing his firearm at a citizen without just cause, should not be tolerated. A department complaint at a minimum should be made. If he was just getting twitchy and hiding behind his car shouting orders...then I agree tell him to leave. If he doesn't, then call it in for an armed man trespassing.

Although to me it looked like he was pointing the muzzle in my specific direction, I didn't bring it up with his Captain for a couple reasons:
1) I'm nearsighted and don't wear my glasses when working at arm's length so, if I wouldn't swear it was pointed at me in court, I wasn't going to mention it in my talk with Capt. Freeman.
2) It would have been one of those I-said/Deputy-said conflicts with no real resolution and I wanted all the credibility I could muster.
3) My security camera was set up to catch things happening at the front door, not 20-30 feet down the driveway (that's since been rectified.)

"WARNING:

Unattended vehicles will be removed by available means, including but not limited to:

BULLDOZER"