Last saturday me and some friends were drinking in my garage. It was pretty quiet, had the garage door closed and nobody was outside. The neighbors right next door shot off some fireworks and we thought nothing of it. About 15 minutes later one of my friends sees someone in the window of the garage door looking in and about 5 seconds after that, I hear a knock and there are 2 cops standing 6 to 7 feet inside my garage (the walk in door was open on the other side of the garage). They tell us to pour out the open beers and if we blow anything we are getting minor in posession of alchohol tickets. Out of the eight of us there, 4 got tickets with me blowing the highest (0.059)-we weren't drunk.
My question is, can the cops just walk right in? The reason they came in the first place was because my other nieghboors thought the fireworks were us. I told the cops that it was the people right next door that did the fire works and you can see the leftovers in thier driveway. They asked me if I wanted to file a complaint.
Any help is appreciated
At this point? Probably. I'm sure stuff like that is buried somewhere in all that garbage they call the (un-)PATRIOT(-ic) Act. It sucks, but oh well.
It's sad to say it, but I fear cops now more than I fear criminals.
Has nothing to do with the patriot act. People have to stop listening to un-experts on TV all the patriot act is, is how the investigated the mafia years ago with phone tapping etc.
I don't watch "un-experts" on TV. I barely watch TV at all, and what little I do watch (has nothing to do with politics) is on the Science Channel.. not exactly Fox "News" or CNN. Please don't stick up for the traitors running this country into the ground. I'm already on blood pressure medication as it is.
I would say that in this case they are probably justified by walking in, if they could see open containers and they can make a reasonable guess that you might be underage (meaning you arent hooked up to an oxygen tank or leaning on a walker) I would say that you guys had some pretty bad luck. If they were really there cause of the fireworks and someone thought it was you, you got hosed.
I had some neighbors (I live in a duplex) that were always playing their music until 4am and there was no way they were ever going to listen to me when I asked them to turn it down. I called the cops on them over a dozen times in 2 weeks and the cops never gave them a ticket. In fact the cops told me that if I called them because of our neighbors one more time, I was getting the ticket... How effed up is that?
Yes the cops can just walk in. The neigbors gave them PROBABLE CAUSE (http://"http://faculty.ncwc.edu/toconnor/315/315lect06.htm") by calling them and telling them you had fireworks.
If its right or wrong they can still walk in becasue they suspected you had fire works. This works the same way as them searching your car on the side of the road. You or some one else gives them a reason they can search where ever they want.
I agree with Brid351 the police have too much power anymore. They put a new law into affect here that if they think your car radio is too loud they can pull you over give you a $250 ticket and impound your car. To me that is a bunch of . It starts off all good but I know it will become racial profileing.
Yes the cops can just walk in. The neigbors gave them PROBABLE CAUSE (http://"http://faculty.ncwc.edu/toconnor/315/315lect06.htm") by calling them and telling them you had fireworks.
If its right or wrong they can still walk in becasue they suspected you had fire works. This works the same way as them searching your car on the side of the road. You or some one else gives them a reason they can search where ever they want.
I agree with Brid351 the police have too much power anymore. They put a new law into affect here that if they think your car radio is too loud they can pull you over give you a $250 ticket and impound your car. To me that is a bunch of . It starts off all good but I know it will become racial profileing.
Down here I think it is that they can stop you for the loud stereo and confiscate your stereo equipment. Now I dislike being forced to listen to other people's music as much as the next guy, but taking away their property? That's a bit much.
Well, at least as a consolation prize we can now shoot intruders down here and not get in trouble for it. *shrug*
Back to the original guy: I'm sure our resident police officer could chime in on this one as well.
No, the neighbors called and said we had a loud party. The cops said nothing of the fireworks until we told them.
Kinda sucks too, because the fine has been raised to $314 from the $150 that it was last summer.
No, the neighbors called and said we had a loud party. The cops knew nothing of the fireworks until we told them.
Kinda sucks too, because the fine has been raised to $314 from the $150 that it was last summer.
The University police where I go to school used to steal shiznit from unlocked cars or ones with windows down. To get it back you had to pay a fine at the police station. I guess it was thier way of teaching people a lesson. Pretty ignorant if you ask me.
The actual police around here go around locking unlocked doors in mall parking lots at Christmas time. It gets them in trouble all the time, too - some people have legitimate reasons for not locking their car doors (lock cylinders seized or frozen, etc)
The police do have the right to enter if they have probable cause (complaints being the easiest one, a potential of danger to public safety being another), and they also have the right to investigate any obvious crime that is being committed once they enter. In other words, it was obvious to the police that you guys were drinking and were underage. It wasn't obvious (and he had no complaints) that you had 60 weed plants growing in the basp00get, so he didn't check it out. I found this out after an acquaintance was arrested for having an illegal satellite receiver connected. The police were there for an entirely different reason, but the cop saw the AVR hanging out of the receiver's card slot, knew what it was, and confiscated the receiver/AVR (it was in use at the time, so there was no arguing that no crime was being committed).
Now, if you guys had hid the beer before the cop saw it I think he'd have needed a warrant to search for it, but if he trips over it while entering he needs no warrant :D
Not that I'm stickin' up for the fuzz....but after all...you guys ARE underage, right?....
Here in Missouri (to the best of my knowledge) a minor can legally drink AS LONG AS HE/SHE IS INSIDE THEIR RESIDENTIAL DOMICLE...
meaning..if a minor is gonna get drunk at home..gotta be in the house..not on the sidewalk, not in the backyard, and not in the garage...
Yeah, I think you got shafted..but legally..i think you're screwed.
Lucky you didn't get arrested, or get an MIP, or Public Intoxication...
Remember...kids and booze....kinda like driving with no insurance and havin' a wreck, even if it ain't your fault...you're gonna get bent over and raped with no grease..
On the other hand, if the cops knocked...and DID NOT have permission to enter....well....ya know...i'd see an attorney for some answers..at least. Unless the neighbors knew you were drinkin', and told the cops that...they'd have no reason to suspect it. Let alone walkin right in. let us know what happens...
And dont forget for most states there is a ZERO TOLERANCE law. Basicly if you are under age, if you blow anything on a breathalizer, You get a ticket, not mattter what the legal BAC is, or if you appear drunk or not.
If they couldnt hear you guys in the garage, they had no reason going in there. Around here that is highly illegal for any cop to enter a private residence without consent or a warrant. We had two cops in our backyard a few months back, the neighbors said my little brother shot their kids with a BB Gun. Those cops got in alot of trouble for entering our backyard with no cause, no warrant and had no permission from anyone in my family. I would fight it if I were you. Like Ford Truck Freeek said, if you are underage, you can drink on your residence, as long as you cannot be seen. However, they cannot walk onto your property, look into your windows, and then bust you. It doesnt matter what kind of building you are in on your property, that cant trespass onto private property. I have questioned all of the cops here about that.
The real question here, is why aren't they going after the people that bought you the beer. If you blow anything you will get a ticket. If the door was open, then they can walk in. If it was shut, they have to ask you permission to enter. If you tell them no, then they have to get a warrent. Of course, all of this is shades of gray. If you fight it, it will more likely then not be a waste of everyone's time.
and on a side note:
An honestly, I think that a cop impounding a car is nothing but bs.
Truckfreek, I did get an MIP. And here you can drink on your parents property, but they have to be present.
As far as comming after the people getting us the beer, that's where I think the problem is. They are really cracking down on that and the night we got busted, it would have been A LOT easier to get meth or pen 15e- and we wouldn't have got MIPs. Tell me the laws are working.
I am going to talk to an attorney when I go down to school (because it's free) this weekend.
So a kid isn't allowed to drink when adults are around. How exactly does this work. Mostly when I have a few it's with either a parents written permition or with them their.
Please Explain this to me; two cops walked into your home WITHOUT your permission and fined you for doing something you wanted into your house ? i guessed the abolition of the slavery in the States was in 1776.....
And if pair of cops tried to walk into my home without permission, better to them if i can see some sign of police or at least they have to say they are cops, after i start to charge my Magnum .44....
EDIT
Dont get me wrong with my last sentence. Here is becoming common that a bunch of guys wear like cops but they are hijackers or robbers....
I do believe that he said the door was open. That means anyone can come in even the cops. If your parents were there and they said they gave you permission to drink inside your house you should have been alright. Just you not any of you other underage friends that were there any. But If the law can see you form outside the house doing somthing wrong they can come in and stop you even without a warrent. That would be like I murdered this person inside but the cop saw me through the window how come they could come in and get me! Think about it if the door is open it is lke haveing an invatation to come on in.
Slavery in the US was abolished in 1865 ;)
And in missouri, at least, you can only fire on someone if they're breaking in with what "appears" to be intent to harm or kill....
But believe me...most folks here in the country around me will take their chances...and dial 911 AFTER the smoke clears :giggle: