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Does a police officer have the authority to order me that I…

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Does a police officer have...
Does a police officer have the authority to order me that I cannot walk down a public sidewalk and must walk on the other side of the street after reporting people for poisoning cat while on the phone with the humane officer who requested me to walk down the street and obtain their house number. I did not even walk in front of their house. But I received a visit from the police telling me that I had harass them that there was video and that they would be deciding whether to press charges and that I was not allowed to walk down that public sidewalk in front of their house. I invited them to watch the video and hoped that was audio because they would see that all I did was walk down far enough to see the address with the phone at myEar and the humane officer on the phone requesting the address. I gave it to them turned around and walked back into my house. I did not speak to those people or even look at them. But I’m the one who is threaten with harassment and ordered that I am not allowed to walk on that public sidewalk. Is this a violation of my ACLU rights.?
Submitted: 7 months ago.Category: Legal
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11/17/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,387
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Please take your time to review my question. I have no problem with that.
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. I'm sorry to hear about your situation. Generally, a police officer does have the general authority to do what they need to do to keep the peace. This may include controlling individuals or crowds in certain situations. You do have the right to walk freely, but that right is going to be limited if it appears as if it may be disturbing the peace. I'm not suggesting that it is disturbing the peace, but the law allows the police officers to make the decision as to whether the peace may be disturbed. Regardless, my recommendation would be to just keep your distance from them. It is possible that they may file a restraining order; however, restraining orders are not criminal convictions and it's just an order from the judge that you have to stay away from a certain amount of time. You can still defend yourself on the grounds that you were not doing anything, but it'll be up to the judge ultimately. What other questions did you have for me?

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Customer reply replied 7 months ago
I have not had contact with those people in any way shape or form. Other than to know that they discussed with two other houses in front of two witnesses whether to shoot or poison the cats. They obviously chose to poison and the second cat was found on the border of their property poisoned necropsied and proven. All I did was report it to the SPCA Humane officer at his request. And I was the one threatened with harassment when I never looked at them or even spoke to them.
Customer reply replied 7 months ago
I was told that if I walk down that sidewalk I would be charged with harassment. That I have to walk on the other side of the street. There was no contact between me and those people. All I did was walk down far enough to see their house number. Not even in front of their house. I did not say one word to them I did not threaten or harass them in any way. All I did was speak to the Humane officer on the phone at my ear as I reported the address.
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I can understand your concern. If that is the case, then there is a low likelihood a restraining order would be granted against you. In addition, you probably won't be charged with harassment because there usually has to be some threat of physical violence before they can do that. Any other questions for me?

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Customer reply replied 7 months ago
I have more questions. These people retaliated by calling the ASPCA and reporting that my dogs were left out day and night for hours and hours without food and water. The SPCA came and examine the dogs and saw that their dogs are healthy fed and watered. And that they are on a schedule which allows of No More Than 3 to 4 hours during Clement weather. And did not take my dogs. And they were not satisfied with that. The following day they reported that my dogs were barking all day to code enforcement. Who is Stitches my dogs to 20 minutes a day outside. They are the ones harassing me. Not the other way around. But I can't prove it, because the SPCA and code enforcement will not reveal the sources of the complaints. But I know and saw the SPCA pull up to their house and pull away from their house after the investigation.
Customer reply replied 7 months ago
Scuse me for autocorrect. Not in stitches. Restricted my dogs to 20 minutes a day.
Lawyer: Legal Eagle, Lawyer replied 7 months ago

That's awful that they're doing that.

You may want to consider just writing a cease and desist letter to the other party advising them that if they continue this, that you may have to file a restraining order against them for calling the ASCPA with no good reason. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me?

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Customer reply replied 7 months ago
But how can I prove that they are the ones that are doing the harassing. In order to justify cease-and-desist. Since the SPCA and code enforcement will not reveal the source of who is reporting.
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Good question. It can be difficult if you don't know it's them for sure, but you can keep the letter in your back pocket if you have reason to believe it's them or you find out it's them.
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Customer reply replied 7 months ago
I want what I want to know is if this is a violation of my ACLU rights to walk down a public sidewalk. When no harassment has been proven.
Customer reply replied 7 months ago
What I want to know is if this is a violation of my ACLU rights to walk down a public sidewalk. Even to stand in front of their house in that public sidewalk if I wanted to with a protest sign that they are poisoning cats.
Customer reply replied 7 months ago
I do know that it's them for sure. By seeing the Spca van pull in front of their house and pull away after the complaint was evaluated. But I can't prove it.
Lawyer: Legal Eagle, Lawyer replied 7 months ago
I see what you mean. It probably isn't a violation of your civil rights because the court will usually find in favor of the police with these situations. You can still technically walk down the street, but you may be playing with fire a bit if you're not careful. So, technically yes you can walk down the street, but it may give the court reason to find you guilty.
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Customer reply replied 7 months ago
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Lawyer: Legal Eagle, Lawyer replied 7 months ago

i understand that I may not be explaining to you what you want to hear, but I imagine that you didn't come to the site looking for a yes-man who would tell you just what you wanted to hear. I have a feeling you came to the site to understand your rights and have someone look at the situation from a global perspective. Now, I can understand that you're probably frustrated and scared about this situation. Any normal person would be, but I wouldn't be doing my job if I didn't help you figure out what your risks are and what your opportunities are as well. So, I can opt out of the question if you would like and let another expert take a crack at it, or you and I can work together positively to help you get the answers you deserve. Just let me know. Thank you.

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Customer reply replied 7 months ago
But I feel that all I am getting from you or a bunch of ifs and maybes and could bees. I want actual.
Customer reply replied 7 months ago
I feel that people are allowed to protest on many things in many environment on the public sidewalks and I didn't even do that. I had did was report to a Humane officer the address. And you are not telling me if it is a violation of my rights for the police officer to order me that I can only walk on the other side of the street when I have never even looked at or talk to these people.
Customer reply replied 7 months ago
Please opt out.
Customer reply replied 7 months ago
Again, please opt out
Customer reply replied 7 months ago
Understood as I am understanding it, the ACLU guarantees me the right to pick it on a public sidewalk. And you are not confirming that this is my right.
Customer reply replied 7 months ago
The screenshot comes directly from the ACLU website
Customer reply replied 7 months ago
I'm sorry but I do not feel that you are an expert on ACLU rights. And I am asking you to opt out.
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