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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Some one called the police twice because my daughter at 2 am

Resolved Question:

Some one called the police twice because my daughter at 2 am sits in her boyfriends car for two to three hours in front of our house. They aren't doing anything wrong there's no noise .He works days and she works P.M so they go out late and get home about 2am and keep each company until 5:30 when he has to leave for work there's no alcohol or booze or sex .Twice the police left without taking any action It's my house and I feel we are being harassed So I told them park in the driveway If it happens again can I say we are being harassed and try to stop this person What is the law and my rights as far as this
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 6 years ago.
Thank you for using JustAnswer!

I am sorry to learn of your circumstances. I understand your frustration. However, there is no violation of anyone's rights from the facts you've described.

There are several reasons for this conclusion.

First, people have a First Amendment right to call the police when they suspect suspicious activity. Two people sitting in a car in the middle of the night for hours at a time is suspicious.

Second, it's the job of the police to come out and investigate when they receive such a call. Usually, they will investigate to ensure that there isn't a risk of some type of crime being committed or planned (e.g., residential burglary or a place being "cased").

Third, none of this involves you, personally, so none of your rights are involved.

I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

I hope you understand.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 6 years ago.
can the police chase them and what if they park in on the property how does that change any thing
Expert:  JB Umphrey replied 6 years ago.
If they park on your property, the police can still go up to their car to investigate.

Sure the police can chase them. If the police ask them to stop and if they don't stop upon the command of the officer, they can be criminally charged with felony fleeing and eluding.

Just by the mere time of day/night, their actions are generically suspicious and give the police probable cause to investigate and rule out any possible wrong-doing. Remember, the police are following up on a called in complaint. They're just doing their job.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
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Customer: replied 6 years ago.
I have one follow up question so they can park all they want and nothing can happern to them
Expert:  JB Umphrey replied 6 years ago.
It depends upon what they're doing. If they're not breaking any laws, they will be fine.