GJ Ted. +1

 

bless your heart for not quoting his entire response.

 

 

As someone mentioned before...F*** the police...but in your case there are too many lies so I think there is reason to believe that you may have not complied with the mercy of 2 warnings.

 

you're studying Law but you can't spell "Loud".... twice..... hmm...

 

Ahahahah something I absolutely hate.

Believe me man, you got lucky with some nice cops. I behaved in an opposite manner to you in your story, and got totally screwed over. The undercover cop told the judge that I was extremely polite, cooperated 110%, and that she "wishes she didn't have to take action on it." I still ended up paying $1161 (unrelated case than what your story tells).

 

You're lucky he didn't give you a fat exhaust ticket. haha

 

Leave it alone. No sense in stirring up trouble or getting a rep with your local police department. Millions deal with much, much worse everyday.

 

noisy party (and multiple warnings) = probable cause...

you fail

cops don't need a search warrant for your car either if MJ smoke rolls out of the windows.

also, no arrests were made, no charges have been made either...

 

Uh,How about NO..

Th epolice were responding there investigating a loud party and disturbance.Someone called them, they didnt just decide to show up at your house. Someone answered the door, and obviously let him in for him to be in your living room in the first place. He was well withing the scope of his duty and rights to be in your house at that time invesitgating a disturbance.
Your assumption for the text book law will only do 2 things..
1)make you look like a winey democrat
2)ensure the cops in your town will now proceed to "F" with you from now on..

Its a battle you will not win,just let it go..Trust me.

 

Your thinking of a Vampire..A Vampire needs to be invited into your home..The police entered cause there was a "disturbance call" and then they observed people cause a disturbance and what appeared to be underage drinking They by law have every right ot investigate a crime in progress, and need no warrant to enter your dwelling.Only if its a search with non extringent cicumstances.

 

ROFL

Here you go buddy. Use this for your avatar if you become a premier member.

 

Hey I was at that party! Who would have known that a fellow 350z member was there. Anyways, I got a video on my camera phone. I had no idea who's house it was. Here is the video.

http://my.break.com/content/view.aspx?ContentID=318376

 

IANAL, but I have read a lot of cases with similar circumstances albeit not strung together like this.


ENTERING THE HOME:

Even if there is a noise complaint an officer cannot enter your home. Noise violations are civil code/city ordinance violations and thus misdemeanors and/or infractions.

In order to enter private property, the officer has to have reasonable belief that a felony is being committed and/or people's lives are being threatened.

This is known as "Exigent Circumstances."


However, there are certain forms of "Consent by Exception" that can come into play allowing what would at first glance appear to be 4th amendment violations but are in fact not.

E.g. a LEO approaches someone on the street and asks them a question. The person, if they answer the LEO, or remain in the presence they are consenting to the conversation of a police officer. It is not a detention and it is not an arrest and they do not have to answer.

Likewise, if an officer approaches a private resident, and the resident leaves the door open to the officer but does not ask the officer to NOT enter, they are de-facto allowing the officer to enter the immediate entryway of the private property. They may not search anything, but they may make a visual inspection of their immediate area, and if individuals appear threatening they may make a Terry Frisk.

If your girlfriend did not wish the officer to enter the home, either remain in position to impede entrance, or step outside of the home and close the door behind you.

Even if the door is unlocked a LEO cannot enter unless via exigent circumstances.



CITY/CIVIL NOISE ORDINANCES

Persons violating the city noise ordinances, while doing so ON your property are your responsibility. Once they leave your property they are no longer your responsibility.

The "party" and all participants, in the eyes of the law, is viewed as a single entity with responsibility residing with the owner / leasor of the property.

But to be responsible for everyone who stopped by your party, no matter where they go afterwards is down right impossible to comply with.

However, if participants are violating city noise ordinances and traveling immediately too and from your property, then the owner of said property is viewed as participating in their (their being the people making noise going too and from) ordinance violation.

City ordinances are misdemeanors and not punishable via arrest. An inventive LEO can however come up with numerous reasons to arrest a belligerent individual showing zero attempts to comply with the officer, such as "Disturbing the Peace." Which are CRIMINAL misdemeanors. And one can be arrested for them if one performs said criminal misdemeanor in the presence of an LEO.

(Cliff Notes: don't f*** with the popo)


DEMANDING OFFICERS IDENTIFY THEMSELVES

Lastly, officers do not have to provide you with a badge number, and officers do not have to get Lieutenants on the scene. You can request a SUPERVISOR, but that is all.

All an officer is REQUIRED to provide is their name and department.




BETTER WAY TO HANDLE SITUATION:
What you SHOULD have done is:

1.) Step OUTSIDE shutting the door behind you.
2.) POLITELY discuss with the officer what he wants you to do.
3.) Explain to the officer that you are going to do what he asks, and if any guest cannot comply, you will evict them from the premises.
4.) Immediately do this, while the officer is still there.
5.) Tell your guests to QUIET THE **** DOWN.
6.) Immediately evict anyone ****ing around.

At this point the LEO should not need to come back. If your "friends" can't quiet the **** down they shouldn't be your friends. If and when the LEO comes back everyone should be kicked the **** out, and you should be cleaning up. Let the LEO know that because the guests could not comply you shut the party down.


This lets the LEO know that you weren't ****ing around and took them seriously.


What appears to me, is that the LEO gave you a warning, you (the OP) ****ed around, and the LEO came back and saw zero change. This means you didn't give a **** what he thought and were stroking him.

At THIS point, when you began playing "hard ball" demanding things you can't demand, he got tired of the pedantic ********.


IF a LEO comes to your house for a noise ordinance violation, it means you've pissed off your neighbors. If you can't be considerate to your neighbors, you need to STFU and close the party down.

 

Thanks Socal Ted and Janus. Very good responses. I hate "load" and inconsiderate neighbors!

 

..Like he got some damn Law degree or some **** like that! LMAO

 

+1 to ted for picking his crap apart and janus for citing the truth. and mrc for their jokes to

 

if you guys are ever bored...just search janus's post. he tears people apart. lol

 

Janus is doing a PhD on internet pwnage

 

LMFAO, I'll have to remmember that one for when I go back to work.
No sir/mam, your thinking of vampires.