On Sun, 22 Jul 2007 01:35:09 -0400, mm
wrote:
On Sat, 21 Jul 2007 19:35:05 -0700, Oren wrote:
On Sat, 21 Jul 2007 22:07:11 -0400, mm
wrote:
On Fri, 20 Jul 2007 17:22:20 -0700, Oren wrote:
On Fri, 20 Jul 2007 20:00:43 -0400, "Mortimer Schnerd, RN"
mschnerdatcarolina.rr.com wrote:
Dave Bugg wrote:
Get a ringer to file the complaint; an out-of-town relative, etc.
You can do that, but what standing does the ringer have? How would they be
directly affected? If somebody who doesn't live near the poop-dude turned in
a complaint, it wouldn't get investigated. I would be thinking someone was
trying to pull a prank or has a grudge.
If he has another neightbor he doesn't like, he could use his name and address.
I doubt the county has more than a passing interest in *who* complains.
Sign the complaint and attest to the veracity of the report; using
another name? Come on!
One could probably use an address that doesn't exist. As to using
another name, there is generally nothing illegal about using another
name unless it is to commit fraud. It's still the person's name, even
if he just gave it to himself and even if it is not the one on his
driver's license.
In some cases, I'm guessing they may have laws about what name can be
used, but I suspect it is mostly about banking, and not about this.
Most states (or many) might have a requirement to _Record_ any legal
name changes.
Maybe all, but those are *legal* name changes. I'm not talking about
changing one's legal name, but adopting additional names. Gnerally,
you can use any name you want in the US as long as you don't do it to
commit fraud.
In addition, where does it say that you have to sign a complaint about
the neighbor's dog with your *legal* name.
Our local code: (noise)
"If you choose to place a request for service for a noisy animal, you
should be aware that you are an important part of the solution. In
the event the officer observes a violation and a citation is issued,
your name will appear on the citation and you will be asked to testify
in court to the habitual nature of the noise. If after three
complaint visits a noise violation is not observed by the Officer, the
complainant must complete a formal criminal complaint packet for the
District Attorney's office to review for possible prosecution. In
most cases, the District Attorney's Office will send a written notice
of violation to the animal owner, advising that continued violation
may result in criminal prosecution."
I just don't think it is good advice to use a false name.
I"m going to post another post with the reasons this is of special
interest to me, and what I have yet to look into.
As to attesting, I doubt that everywhere complaints requires
attestation, which implies an oath or the penalty of perjury. I'll
bet some places, especially places that haven't had many baseless
complaints, complaints can be filed by phone.
Given the Dog Catcher is a law enforcement officer; I suspect a
penalty of perjury would apply. It is an official law enforcement
paper and will become public record.
Not unless whatever is signed says on it that there is a penalty of
perjury, and even then, that might only apply to everything but one's
own name and signature. In this case, the narrative and any boxes
that are checked, and the complainer's address I think, but not the
name. Because using a "phony" name to complain about a real smell and
a real pile of feces is not fraud.
If one is all
There may well be a penalty for lying on a government form, but I
replied as I did because you used the word "attest", which is from the
same root as testify, meaning to say something under oath or
affirmation with the penalty of perjury.** But even then I think the
lying would have to be about the smell, or the period of time the
smell has existed, etc.
**(I don't believe anyone in the US is ever obliged to take an oath,
or to swear to tell the truth, but the law does provide for the same
civil and criminal penalies as if one had taken an oath and lied. The
US Constitution provides that the President-elect can be inaugurated
either by swearing or affirming.)
My county requires multiple complaints from neighbors ( 3 ) and these
complaints need to be in close timing/dates.
That might be true here about dogs being walked without a leash,
although I think it only requires 3 complaints by one person, but
that's because there is no evidence left behind.
Once they get out to his property and see the what's on it, they'll
have all hte evidence they need without any neighbor's cooperation.
I'm sure! The county officials need to see this mess. I applaud the OP
for "walking slow and drinking plenty of water". It will be Winter
soon and he won't be bothered - so much! 
I too urged him to talk to the neighbor, although now that I hear it
is all over his yard, I'm a little less optimistic about getting
cooperation. Another post about that too, but I want to post this one
before it gets too long.
But more below.
Heck, they issue search warrants on the word of anonymous tips, I
think, or maybe the tipster has to be known to one cop etc., but I
don't think even the cop has to know the tipster's real name.
Laws vary.
Yes.
Confidential Informants are often assigned a code name/number. Only
those needing to know the exact identity is required. A Judge will or
should at least require a "record of reliability" recorded by LEO of
the informant, before issuing a warrant.
Of course they don't need a warrant in this case. Maybe they can't go
on to the dirty guy's property without more than an anonymous tip, but
they don't have to go on to his property. He has at least 3 neigbhors
and I get the feeling it is more than 3. If permission is needed,
they can get permission from any of the neighbors to go into their
backyard. They'll be able to see and smell from there.
I could call in a tip on water waste, but seriously doubt any real
action from the authorities.
--
Oren
"Well, it doesn't happen all the time, but when it happens, it happens constantly."