Legal Question in Criminal Law in California

Loitering with intent to deal....

I live on a busy residential/commercial block. At night it's quiet but, lately we've been having serious issues with the same dealers using our gate entrance as a dealing post. Because there is a lot of drug-related violence in Oakland, our biggest fear is a drive-by resulting in damage to our home or worse.

We've asked these guys to move along. they usually do for a few minutes but, then come back. We've reported them to the police several times. But, they dress alike so, it makes it hard for the cops to pinpoint anyone.

Last night I got into a confrontation when I TOLD this guy to leave. He argued that it's a public sidewalk, I told him it isn't if he's using my gateway. Then he watched me from the sidewalk to see if i'd go away. I stood my ground then called the cops. It was creepy and a very uncomfortable situation.

We run a business out of our home and are going to post a No Loitering sign. Are there any other things we can do to protect ourselves? Or make it more clear that they are unwelcome and don't own this portion of the sidewalk?

What are the Loitering laws for a business that could help us with this?

Thanks, any help would be grateful!


Asked on 11/06/07, 6:20 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Loitering with intent to deal....

Your situation is difficult. In my experience you need to contact neighbors regarding the situation and ask them to join you in combating the situation. Then as a group go the police department and meet with either the chief or one of his assistance. Explain the situation to that person and ask what they will do to resolve this problem. If that is not successful then go to the city counsel and ask for help. As a last resort contact the local news media.

If a group of residents were to get a video camera and take pictures of these individuals it will discourage their activities. This approach has some inherent risks. The drug dealers may decide to attach the participants.

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Answered on 11/17/07, 9:52 pm


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