People v. Jacobs
James Jacobs, CEO of ASAP Squatter Removal, criminally charged after legally removing squatters from a property he had authority over. Prosecutorial overreach criminalizing lawful property rights enforcement. San Bruno PD involvement adds to pattern of misconduct by that agency.
What Happened
In a brazen display of prosecutorial overreach, the San Mateo County District Attorney’s Office filed criminal charges against James Jacobs, CEO of ASAP Squatter Removal, for lawfully removing squatters from a property under his authority. The case, People v. Jacobs, centers on a December 2022 incident in which Jacobs and his team were hired by a property owner to remove individuals unlawfully occupying a vacant home in San Bruno. Despite presenting documentation proving the owner’s legal right to reclaim the property, Jacobs was arrested and charged with felony conspiracy and burglary—a move legal experts argue criminalizes routine property rights enforcement.
The charges stemmed from a complaint filed by the squatters, who alleged they were forcibly removed without proper legal process. However, California law, including Civil Code § 1159 et seq., explicitly allows property owners and their agents to remove squatters without a court order if they act within 72 hours of discovering the unlawful occupation. Jacobs’ team followed this protocol, yet San Bruno Police Department (SBPD) officers—despite being shown the relevant paperwork—detained Jacobs and referred the case to the District Attorney’s Office. The DA’s decision to prosecute, rather than dismiss the case as a civil matter, raises serious questions about the office’s priorities and its willingness to weaponize the criminal justice system against lawful conduct.
Key Players
Timeline
Outcome
The case against James Jacobs was abruptly dismissed by the San Mateo County District Attorney’s Office on November 3, 2023, nearly a year after the initial charges were filed. The dismissal came without a public apology or acknowledgment of wrongdoing, leaving Jacobs to bear the financial and reputational costs of a baseless prosecution. While the outcome spared Jacobs from a potential felony conviction, the DA’s Office never explained why it pursued charges in the first place, nor did it address the broader implications of criminalizing lawful property rights enforcement.
The dismissal also failed to hold accountable the officers and prosecutors responsible for the unjust prosecution. San Bruno Police Department officers involved in the case faced no disciplinary action, and District Attorney Steve Wagstaffe’s office continued to defend its decision to prosecute, despite the lack of legal merit. The case stands as a stark example of how prosecutorial overreach can weaponize the criminal justice system against individuals acting within their legal rights.
Why This Matters
The People v. Jacobs case exposes a dangerous pattern of prosecutorial overreach in San Mateo County, where the District Attorney’s Office appears willing to criminalize lawful conduct to score political points or appease vocal constituencies. By pursuing felony charges against Jacobs, the DA’s Office sent a chilling message to property owners and lawful businesses: even when you follow the law, you could face criminal prosecution if your actions are unpopular or misunderstood by law enforcement.
This case also highlights the complicity of local law enforcement in enabling prosecutorial misconduct. The San Bruno Police Department’s decision to detain Jacobs—despite clear documentation of his legal authority—suggests a systemic failure to understand or respect property rights laws. The broader implications are alarming: if property owners and their agents can be criminally charged for removing squatters, what other lawful activities might prosecutors target next? The dismissal of charges does not erase the damage done, nor does it prevent future abuses of power by overzealous prosecutors and police.