Quiet Enjoyment Nude Neighbor

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argkangie

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My children and I have walked out our front door on numerious occasion's to see our neighbor standing there naked, no clothes on whats so ever, first off my children should not have to worry about seeing the naked neighbor every time they step foot outside, I have complained to the landlord and was told that this is a police matter and she cant do anything about it which I disagree, can anyone tell me what the law is regarding this kind of situation?
 
Where is your neighbor standing? On the front lawn? Inside their home?

Have you reported this to the police?
 
My children and I have walked out our front door on numerious occasion's to see our neighbor standing there naked, no clothes on whats so ever, first off my children should not have to worry about seeing the naked neighbor every time they step foot outside, I have complained to the landlord and was told that this is a police matter and she cant do anything about it which I disagree, can anyone tell me what the law is regarding this kind of situation?


Your landlord is correct.

There is nothing your landlord can do about an unfounded allegation.

There is, however, something the police might be able to do.

There is something the local prosecutor might be able to do.

The police can at least speak with the alleged offender.


The good news for you in Oregon is that police can make an arrest for both a felony and a misdemeanor based on probable cause.

In some states they would have to witness this offense (if it were a misdemeanor) to make an arrest.

It might even be a felony in Oregon.

I don't know, but the police surely will.

That means that if your story is convincing enough, they might even haul this person away to jail!

§ 133.310¹
Authority of peace officer to arrest without warrant

(1) A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following:

(a) A felony.

(b) A misdemeanor.

(c) An unclassified offense for which the maximum penalty allowed by law is equal to or greater than the maximum penalty allowed for a Class C misdemeanor.

(d) Any other crime committed in the officer's presence.

http://www.oregonlaws.org/ors/133.310


 
It also depends upon what your neighbor is doing... whether or not there is a sexual motivation to the exposure, or whether the neighbor is simply care free. It could be a criminal act, or it could simply be a nuisance.
 
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