Legal Question in Civil Litigation in California

False Citizens Arrest for Disturbing the Peace

Our friend lives in an apartment. At 11 pm, the police knocked on the door, and upon opening the door, my friend was advised that his downstairs neighbor was having him arrested for disturbing the peace, claiming he was playing his television too loud. My friend was removed from his home in handcuffs and taken to the police station for processing. I have checked the city's ordinance and determined that the law on noise ordinance is specific in decibels allowed as well as the proper equipment and testing methods to determine if the law has been broken. It is entirely safe to assume the arresting neighbor made no such evaluations before arresting our friend. Having someone dragged out of there house and arrest like this seems so wrong...Any suggestions? The arrest was only a few days ago, so the disturbing the peace case is still open. Assuming charges are not filed, or found not guilty, any suggestions (besides keeping his tv volume down) on how to proceed legally against the arresting neighbor? City of Brentwood, Contra Costa Cty., CA

Thank you


Asked on 4/20/09, 11:18 am

2 Answers from Attorneys
Adam Telanoff Telanoff & Telanoff

Re: False Citizens Arrest for Disturbing the Peace

I do not see a civil case here for your friend.

The neighbor called the police, the police came out and made an independent assessment that arrest was warranted. This will pretty much forestall any civil action, in my opinion.

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Answered on 4/20/09, 12:13 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: False Citizens Arrest for Disturbing the Peace

I agree with Mr. Telanoff.

Also, it is possible that the noise ordinance you read is not the basis of the arrest.

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Answered on 4/20/09, 2:40 pm


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