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Inadvertently gave a police officer incorrect information

Discussion in 'Criminal Procedure, Criminal Court' started by Lloyd J, Jan 9, 2022.

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  1. Lloyd J

    Lloyd J Law Topic Starter New Member

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    Hello. We've had an ongoing property line dispute with an adjoining neighbor. Some of the survey pins are non existent (yes, we probably need the property line re surveyed.) This issue surfaced over a year ago, then everything went quiet.

    The main issue is, the neighbor thinks around 3' of our paved driveway is on her property. We disagree and think the entire drive is on your property. We have been sparring back and forth for over a year.

    Late friday afternoon, I was in the garage when a police officer pulled in. He said that the neighbor called in a trespassing complaint, one of our cars was parked on the drive right the edge, neighbor complained that it was intentional trespassing.

    The officer caught me off guard and without my reading glasses. he presented me some paperwork the neighbor had provided, including a copy of a 'cease and desist' letter that I quickly glanced over and not paying attention to any date. Again, off guard and without glasses, I was trying to quickly process the docs and my mind was in a a bit of a scramble.

    Regarding the cease and desist letter, the officer asked if I had received it via signed receipt mail. I said that "no', I have not received any such letter from this neighbor. We moved on about this and started to go through some of the other paperwork. I excused myself and went inside to get my glasses.

    Came back out, talked a few minutes more with officer, then he left. Kind of let it be but just this sunday morning, I was going through some paperwork regarding this matter and came across a cease and desist letter sent from the neighbor, over 11 months ago. My jaw dropped/ in speaking with the officer friday, being off guard and mostly without my reading glasses, I had assumed that he was referring to some cease and desist letter sent recently, NOT over almost a year ago! I swear the officer was referring to the 'now', not the past, but I'm not sure, and quite frankly might of misunderstood the gentleman

    I want to call this officer Monday and clear the air with an explanation that I mistakenly thought this cease and desist letter was being refered by the officer as a recent document, and that I found a copy in my file showing that, yes we received a cease and desist 11 months ago, and not sound like a blubbering liar. honesty and straightforwardness means a lot to me, and in my confusion, gave an incorrect answer and want to correct my statement

    Thanks, Lloyd
     
  2. Zigner

    Zigner Well-Known Member

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    You can call if you want. It might even make you feel better, but it really doesn't matter. A "cease and desist" is not at all legally binding and is irrelevant in your matter. Making a mistake about something you received nearly a year ago doesn't mean a thing.
     
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  3. Red Kayak

    Red Kayak Well-Known Member

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    This is the bigger issue.

    You know that she'll eventually escalate to piling cinder blocks to keep you off "her" property.

    Just get your property resurveyed and have permanent monuments installed.

    I wouldn't bother the officer. It's bad enough that he was called out on such a silly errand.
     
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  4. adjusterjack

    adjusterjack Super Moderator

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    Then get it surveyed.

    Otherwise this pissing contest will escalate and it's likely to cost you more than the cost of the survey.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    I'm not sure why you keep mentioning your glasses. You told the officer you didn't receive the letter. At the time you said that, you apparently believed it to be true. You later discovered that it was incorrect. None of that has anything to do with your glasses.

    Beyond that, you didn't ask a question, so I'm not sure what the purpose of your post is.
     
  6. Zigner

    Zigner Well-Known Member

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    ama
    If somebody hands my wife a piece of paper and she's not wearing her glasses, then she can't read the paper. It's glaringly obvious that the OP is trying to explain that, without his glasses, he really couldn't read the paper that was shown to him.
     
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  7. mightymoose

    mightymoose Moderator

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    It is the neighbor's responsibility to prove your driveway in on her property, but if you want to resolve it get your own survey done and provide a copy to your neighbor. Heck, maybe even build a nice big fence just to rub it in.

    I agree it doesn't matter if you had received the letter or not, and I assure you thre police officer doesn't care. It doesn't change anything.

    Also, this is not trespassing. Thre police will be thoroughly annoyed if she keeps calling them, and they will keep telling her it's not their problem to resolve.
     
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