Getting More Help From Cops
I started this post after reading a post in the forum. In my day job I am a cop so I am understand both sides of this story (forum post). I have worked in almost all the capacities I will be detailing here, a dispatcher, a street cop, and an investigator. Here are some tips for everyone to get a little more responsiveness from cops as they show up. Now these tips may or may not work. As with any crime, you need to be able to prove who did it. A lot of times this is impossible because you did not witness your tenant actually steal or destroy your property. This is why in almost all cases it is a civil matter, not criminal. The reason it is civil is because the tenant is entrusted for the care of the property during their lease according to the contract. So while you can easily prove responsibility, it is a much harder thing to prove guilt of the crime. Think OJ, not guilty of the crime, but found responsible for it.
First get familiar with the sections of law that pertain to Theft, Grand Theft, and Burglary. There are websites where you can search your laws, usually it is all in the penal code (CA website is HERE, a good search term is
Comments (10)
Same answer...unless the tenant saw or had proof of the landlord taking things, it is civil because of responsibility, not probable cause to arrest.
Scott Meredith, almost 11 years ago
I'm just saying, reverse the role. Instead of the Landlord trying to recover from a Tenant, what if the Tenant needs recovery from the Landlord? The Landlord steals personal property. Thanks!
Cindy Sweat, almost 11 years ago
Sorry Cindy Sweat I don't understand your question.
Scott Meredith, almost 11 years ago
Great info! What if a landlord takes personal property that the tenant cannot prove value on because the property was was given to them by family? Tenant has already called police, property was not there. Tenant met with Judge and got the constable out and tenant recovered a couple of items but the best property was still unaccounted for.
Cindy Sweat, almost 11 years ago
Ned Carey thank you. Like I said in the post though, probably about 90% of the time or more there is not enough proof to make the issue criminal, so it turns into a civil matter. Most, if not all police agencies do not get involved in civil matters, only criminal. Brian Burke you have already done the plan I have for myself. Yes it is funny how people are not willing to "arrest" someone and refuse to understand the misdemeanor rule for arrest. Once they finally get it they usually don't want to proceed.
Scott Meredith, almost 11 years ago
Hello Scott, from a former cop and current full-time RE investor! Great article. It's interesting how many people aren't aware of the difference between a civil tort and criminal offense. Thanks for spreading the word. I think one of the biggest misconceptions I ran into was people not understanding why I couldn't arrest someone for a misdemeanor not committed in my presence. Even if you see someone damage your property, you will either have to tolerate waiting for the DA to file a criminal complaint and issue an arrest warrant, or you'll have to tell the officer that you wish to place the suspect under citizen's arrest. Maybe that's a topic for your next blog post...
Brian Burke, almost 11 years ago
Scott Meredith first of all thanks for being a cop. You guys don't get the credit you deserve. It makes me sick when I see a report of a cop doing his job but it was not politically correct so the Muckety mucks like Police chief or Mayor Don't support the cop on the beat. Anyway thanks for the follow up tip. I have heard many people say the policeman said it was a civil matter. It never occurred to me that it was because they didn't want to write it up.
Ned Carey, almost 11 years ago
I thought of another little tip that I wanted to add in the post, but could not remember for the life of me until now. The other thing you can tell the cop that comes to take the report is you need a report for your insurance. This may or may not work, but is worth a shot.
Scott Meredith, almost 11 years ago
Al Williamson no Problem, if you ever have any "cop" questions let me know.
Scott Meredith, almost 11 years ago
Scott Meredith thanks for the insights!
Al Williamson, almost 11 years ago