Policy Text
TRAINING BULLETIN
CIVIL DISPUTES - PART II
Bulletin Index Number: III - J (Part II)
Manual III, Patrol Procedures
Section J, Civil Disputes
Master Alphabetical Index: Commercial Disputes
Neighborhood Disputes
Repossessions
Small Claims Court
Publication Date: 11 Aug 67
TABLE OF CONTENTS
PAGE
PURPOSE OF BULLETIN 2
NEIGHBORHOOD DISPUTES 2
Boundary Disputes 3
Children and Dogs 3
Anonymous Letters 5
Parking Problems 5
COMMERCIAL DISPUTES 5
REPOSSESSIONS 6 Who Can Repossess? 7
Restrictions on Repossessors 8
Reports 8
Determining Identity of Repossessed Vehicle 10
Entering Private Property to Repossess 10
Personal Property in Repossessed Vehicle 10
Officer’s Duty 11
Prosecution 11
SMALL CLAIMS COURT 11
1
PURPOSE OF THIS BULLETIN
The purpose of this bulletin is to discuss civil disputes which are frequently encountered by officers and to emphasize the extent and limits of police authority in such cases. This bulletin supplements the information presented in Departmental Training Bulletin III-J, CIVIL DISPUTES,
published on 28 Apr 67.
NEIGHBORHOOD DISPUTES
Neighborhood disputes are frequently a problem fo r beat officers. These disputes may concern
arguments over property boundaries, juvenile activity, animals, parking or a myriad of other situations which have created friction betw een neighbors. Neighborhood problems most often
grow and develop for some time and when finally brought to the attention of the police emotions are usually high. Some of these disputes are quite simple but others may be complicated and serious. However, even the simple problem may erupt into a major dispute if it is handled improperly or allowed to continue. The officer called to the scene of a neighborhood dispute must be proficient in handling people, using tact and diplomacy and his knowledge of the law
and human nature to assist him in arriving at a proper and satisfactory solution. Even when there is no criminal violation, the officer can perform a very real service to the citizens by offering a few sensible and impartial suggestions. Boundary Disputes
You may be called to a dispute where the complainant and his neighbor are having a disagreement about the boundary line between their property. The dispute may involve the placement of a fence, overhanging bushes or trees, or the planting of flowers or shrubs along the disputed area. It may be of help to have the disputants check and compare their title insurance policies, noting variances in the legal descriptions of the separate properties. If this is not satisfactory it may be advisable to suggest that the parties contact a neighborhood real estate office which may have a reliable tract map of the district and where the broker could advise them
as to their property limits. Civil engineering firms will,
for a nominal fee, survey property to
determine boundary lines. If these suggestions fail, you should advise the participants to contact their attorneys for legal advice. You should discourage any physical arrests for trespassing
in
boundary disputes. These matters are civil in nature and unless definite intent can be shown there is no criminal involvement. If there is any question, or the complainant emphatically demands police action, you should make out a suspicious circumstances report. Some boundary disputes may involve the complaint that a neighbor has picked fruit off a tree which hangs over the fence into his yard. The Distri ct Attorney's Office indicates that this is not
a theft and any action taken must be in civil court. Situations may also exist wherein one neighbor has erected a fence, and the other neighbor has
destroyed or knocked it down,
claiming it was on his property. DO NOT MAKE AN ARREST in
this situation. A suspicious circumstances report should be taken to allow a complete investigation and if it is found that the action was criminal, the prosecution will be handled through the complaint-warrant process.
2
Children and Dogs
Police officers frequently receive assignments where the complaint is that neighborhood children have caused damage to property. While it is true that some elements of a criminal violation may be present
1 it may also be true that the child who did the damage does not come under the
statutory provisions of being capable of committing a crime. Generally, children under fourteen
years of age are held incapable of committing crimes, although this is dependent upon whether or not there is clear proof the child knew the wrongfulness of the act. There may also be a question as to whether there was any criminal intent accompanying the act. The complainant does not usually want an arrest but is more interested in collecting for the damage, and it is for this reason that the officer is called. We cannot act as collection agents for the complainant and this fact should be made clear to him. Secti on 1714.1 of the Civil Code holds parents liable for
any willful misconduct of their child which results in property damage or physical injury for up to $500 for each separate act. Parents are also liable for their child's conduct under the Vehicle Code and Education Code. You are NOT to tell the pa rent of the child that he has to pay for the
damages. This is a matter for the courts to decide. In situations such as these you can sometimes win the cooperation of the parties by explaining the limitations of the law and of our authority to the complainant,
and by explaining to the parent of the child that such conduct may well be
indicative of criminal knowledge or malicious intent. If the complainant demands police action beyond requesting you to speak with the child and his parents, a suspicious circumstances report should be completed. Calls are frequently received concerning the complaint that a child has been hit