Agree. You're better off calling the cops with an anonymous tip. Keep in mind that if the scumbag gets injured during the arrest he can sue you for his injuries. Once these guys get in jail they have nothing better to do than to file lawsuits, on their own, for every little thing. Even if he doesn't win, going to court is a hassle. Let the cops deal with it.
Not all that familiar with this Act.
Yes. Even if you can't challenge the trust directly you can sue the trustee for breach of fiduciary duty, have the trustee removed, and possibly collect damages.
Employment law is very fact intensive, but the short answer is yes, you have legal recourse.
Reference the citizen's arrest. First it depends which state you live in.
Per Ohio Revised Code Only when a felony has been committed, or there is reasonable ground to believe that a felony has been committed.May any person arrest another whom has reasonable cause to bel8ieve the other is juilty of the offense. He maybe detained until a warrant can be obtained.
Keep in mind the problems you could cause your wife by taking this action. ONce arrested the suspect will be released until trial. It is best to have witnesses, and contact the Police.
For the citizen's arrest. An anonymous tip is a good idea, but for it to be effective you have to be very specific with the information b/c a magistrate is unlikely to issue an arrest warrant on an anonymous tip alone. By providing lots of information, the police can corroborate the information and make getting an arrest warrant much easier b/c it will also be based on their observations.
To challenge a trust you have to have standing, which usually means you have to be a beneficiary of the trust. This varies with whether the trust is private or charitable, irrevocable or revocable.
Just a law student's $0.02 so take it for what its worth.
1) I am a pretty liberal guy ,it's not the selling of drugs that has me upset but possibly where the profits are going. This guy is extremely anti govt. with a weird schedule belonging to plenty of "groups" he seems to have a weird obsession with the govt. messing with our food.
I spoke to the intel div. of the Portland Or. police but they don't seem to be doing much. I know he has boasted of owning illegal shotguns and he is obviously a meth addict. I know I sound crazy paranoid but if it look like shit and smell like shit. If the locals do not follow up should I speak to the FBI or ATF I just need to stay anynomous so my wife does not feel the heat but if something went down and I did nothing I do not know how I could live with myself.
First off being a cop/CO in NJ I will answer this question as if it were occuring in NJ. Drugs are taken very seriously here, that being said it is still very hard to make a citizens arrest with out some witnesses(more the better). As for the released to trial thing, around here people don't get let go unless they make bail. The employer doesn't drug test?
Basically you need physical evidence, not a hunch. Regardless of how sure you are.
I truly have to agree with this. It sounds like you are more pissed because of his "political stance" than what he is doing. If he is selling drugs in the damn office, obviously someone is buying them. Why would you make yourself a target by jumping in the middle? Either completely disconnect yourself from it, or expect that putting the focus on him may put even more on you.
I'm no pussy, like you suggest, but I do have the intelligence to know when I'm capable of dealing with something and when it's best leaving it to the professionals.
I'm not suggesting that you shouldn't deal with things yourself, but as an earlier poster suggested there could be serious repraisals from dealing with a meth addict drug dealer.
Suggesting that someone is being a "snitch" when reporting a drug dealer* (*insert any other serious criminal here) is probably one reason why society has collapsed in many major cities around the world.
Fuck everyone else. Let them do what they want to do and just look after yourself. When some gangbanger moves in next door to you, pimping girls and selling crack right in front of your house and he's armed to the teeth, so there is fuck all you can do about it, just remember KEEP YOUR FUCKING MOUTH SHUT - otherwise you're a snitch!
That isn't the point at all and your rant sounds like someone who never lived anywhere near a house that sold drugs. I grew up right next door to one before we moved as a kid. There is a reason many with any type of "hood experience" would handle that situation differently than is being implied by those screaming, "run to the cops!".
For one, common sense dictates that if someone is selling drugs IN an office, that someone is not only buying them, but willing to look out for the person selling them. Common sense also dictates that gossip is not contained inside of an office environment. Everybody talks in an office.
If you don't give them shit to talk about, they will make shit up just to have something to talk about you with. That would lead us to the logical conclusion of handling siutuations differently than "run to the cops!!". The first thing that jumped out at me is this guys' focus on the "drug dealer's" political views. Why is that even an issue?
Are we sure he is selling? Who saw the transaction? This guy is telling us this story THROUGH his wife.
Life is more like chess than checkers when dealing with large groups of people. I am wondering why this seems like a concept not considered.
I have nothing but respect for you so do not take this personally. The guy is definitely dealing meth which is a white drug here in Oregon. It was a gay drug back east where I?m from so you are probably not familiar with it. The guy is supplying a few people in my wife's office which I don't have a problem with that considering they are all adults.
I am concerned his profits could be funding something more insidious considering he makes about 75k per year with not much overhead. Meth makes one twitchy so a twitchy dude who brags about owning grey market shotguns makes me want to get involved and make sure my wife is safe and before you say she should get another job she is pulling 120k + and there are not a lot of companies paying that on her skill set.
It may surprise you but remember Oklahoma? Not all terrorists are Muslim fundamentalist, some are fucked up white ass Christian folks.
i agree. nevermind how right/wrong snitching is, in this particular case it's clearly shortsighted.
the point of the prof's chess analogy is to think a few steps ahead.
for example, consider the look on this dude's face when you approach with your "citizen's arrest". consider the likelihood of him ever forgetting your face. consider the fact that he has friends in his business. and so on...
You went from drug dealer to terrorist? The point I was making earlier is that you risk putting your wife's life at risk by making this some issue that she should jump into and claim "citizen's arrest". If it is that serious of an issue, the money your wife makes keeps her working around it? Obviously, taking him out won't stop others in the office from using, so this is about terrorism? This is a white guy who "according to your wife" sells meth to other office workers, and you honestly think he is a terrorist...but your wife's income is what keeps her working there? Around terrorists? You make even less sense now than you did at the start of this. Have you met this guy?
You're worried about a guy owning illegal weapons and being possibly "twitchy" because of a drug yet you're seriously considering attempting a citizens arrest?
I'm a pretty pacifistic guy but if anyone ever tried to citizens arrest me for anything I would beat their ass, flush contraband or other evidence, then consider returning ti attempt to press charges for false imprisonment or assault --because whatever actions they would take to try to stop me from simply walking away from their "arrest" would precede my kicking their ass in self-defense.
That's my theory anyway.
Point being, don't try to arrest illegal gun/militia man type.
My wife found a new job today hooray. As for the guy who would beat my ass if I tried to make a move on him scuse me while I put a napkin on the spot where I pissed myself but you would not be the first or last who tried and failed. I am not that tough but believe me I want it more than you.
To Prof X like I said before I do respect you. You seem like an intelligent man and I've seem your pick posted so you do not look like someone to fuck with but you do not live here nor have you ever dealt with white supremacists (Truth be told they would probably pussy out on messing with someone your size.)Let me tell you this is a serious problem here. Meth is the white crack in Oregon. I am not trying to stereotype here my only friend in the area is African-American and I have known plenty of white boys who suck the glass dick. The answer to your other question is yes Ihave met the twitchy little mother fucker all 5ft 2in 125lbs unwashed and scratching his dirty body (because the meth is crystalyzing under his skin) People here are tooProzaced out to see trouble but coming from East Boston Ma you just know when something is not right.
That should have been the course of action from the start. An entire office filled with meth users and you go after the dealer for a citizen's arrest? No one thinks you need to fear someone because they are 5'2" and 125lbs. You should, however, exercise more caution in terms of action if this guy has the backup of his "paying customers" and admittedly collects random fire arms.