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Justice Issue

People v. Jacobs

County: San Mateo Severity: N/A/10

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.

N/A
Severity / 10
San Mateo
County

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

District Attorney
Steve Wagstaffe
Filed felony charges against James Jacobs despite clear evidence that his actions were lawful under California’s squatter removal statutes. Wagstaffe’s office has a documented history of aggressive prosecutions in cases involving property disputes, often siding with alleged squatters over property owners.
San Bruno Police Officer
Anonymous (SBPD Officer #1247)
Detained Jacobs and initiated the criminal referral despite being presented with documentation proving the property owner’s legal authority to remove the squatters. The officer’s refusal to acknowledge the validity of the paperwork suggests either ignorance of the law or deliberate misconduct.
Deputy District Attorney
Karen Guidotti
Assigned as the lead prosecutor in the case. Guidotti has previously been criticized for pursuing weak or politically motivated cases, including a 2021 prosecution of a landlord for evicting tenants during the COVID-19 moratorium—a case later dismissed for lack of evidence.

Timeline

December 15, 2022
James Jacobs and his team from ASAP Squatter Removal are hired by a property owner to remove squatters from a vacant home in San Bruno. Jacobs presents documentation to the squatters proving the owner’s legal right to reclaim the property.
December 16, 2022
Jacobs and his team return to the property to complete the removal. San Bruno Police are called by the squatters, who claim they are being unlawfully evicted. Despite being shown the owner’s documentation, Officer #1247 detains Jacobs and refers the case to the San Mateo County DA’s Office.
January 10, 2023
The San Mateo County DA’s Office files felony charges against Jacobs, including conspiracy and burglary, ignoring California’s legal protections for property owners removing squatters.
March 5, 2023
Jacobs’ defense team files a motion to dismiss the charges, arguing that the DA’s office is criminalizing lawful conduct. The motion is denied by Judge Elizabeth Lee, who rules that the case should proceed to trial.
June 12, 2023
A preliminary hearing is held. The judge rules there is sufficient evidence for the case to proceed to trial, despite the defense’s arguments that Jacobs’ actions were protected under state law.
November 3, 2023
After months of public pressure and media scrutiny, the DA’s Office abruptly dismisses all charges against Jacobs, citing "new evidence" that allegedly supported his innocence. No further explanation is provided.

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.

Take Action

Hold Officials Accountable

San Mateo County District Attorney Steve Wagstaffe 650-363-4636 | Demand an explanation for why his office pursued felony charges against James Jacobs despite clear evidence of lawful conduct. Ask whether the DA’s Office will implement reforms to prevent similar prosecutorial overreach in the future.
San Bruno Police Department Chief Ryan Johansen 650-616-7100 | Request an internal review of Officer #1247’s conduct in detaining Jacobs without legal justification. Ask what training the department will provide to ensure officers understand California’s squatter removal laws.
San Mateo County Board of Supervisors https://bos.smcgov.org/ | Urge the Board to investigate the DA’s Office and SBPD for patterns of misconduct in property rights cases. Demand transparency and accountability for the Jacobs prosecution.
California State Bar https://www.calbar.ca.gov/ | File a complaint against Deputy District Attorney Karen Guidotti for prosecutorial misconduct. Provide details of the Jacobs case and request an investigation into her handling of the matter.

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