Police Rights

[mkillio]

Does anyone know of any good websites that give the laws of each state? Last night I went to bed around 2a.m. and my roommate was still up with 4 of our friends. I wake up to the police banging on my bedroom door around 3a.m. I come out and see one of my friends being taken away because he wouldn't let the police in to my apt. My roommate luckily was at a different apt. at the time.

The police gave me a noise ordinance for $50 and didn't believe me that I was sleeping, and they declared it as not cooperating and gave me a breathalizer. I blew a .0765, only 4 months from turning 21.

A few things I would like to point out are that, a. I live in the "loud" building of my apt. complex, therefore I shouldn't get a noise ordinance. B. The enclosed courtyard I live in is private property, did they have a right to force themselves into my apt.?

BTW, my friend is already out of jail.

 

[digitalwanderer]

Get a lawyer, get a lawyer NOW!

Police will only give you the rights that you force them to give you, get a lawyer and find out what yours are. (And howdy fellow Hoosier. )

 

[mkillio]

I'm definitley thinking about it.

I don't know if you ever went to IU but I live in Wallnut Knolls, next to varsity villas.

 

[digitalwanderer]

I spent a few good weekends at IU that I have trouble remembering, but I'm a Boilermaker thru and thru.

 

[Solzhenitsyn]

If someone called the police to complain about the noise that almost certainly gives the police probable cause to see whats going on.

If they were simply driving by and could hear the racket they would likely still have probable cause, although it would not be quite as cut and dried as a citizen complaint.

Now the breathalyzer test might have been going to far (possibile violation of illegal search amendment). Thats going to depend on local/state laws (possibly campus laws too depending on where exactly your residence is). However the cops can argue that intoxication is what caused the disruption of the peace and the non-cooperation.

I would recommend you at least call a lawyer (if money is an issue then try to find one that offers a free consultation). Although you werent driving or anything, a "drunk driver" lawyer would probably be your best bet as he or she would have some familiarity with breathalyzer ordnances. Just keep in mind they are looking for your business

 

[mkillio]

I know with almost 100% certainty that no one called the police. I live in an enclosed courtyard, which makes it almost impossible to hear anything from outside. And they were city police no University police, plus I live off campus.

 

[Solzhenitsyn]

ok, If no one called, and the area is essentially noiseless, then what caused the police to show up?

 

[mkillio]

There was a multi hundred person party a couple of weeks ago so they patrol the complex, just to be pricks.

Apparently there was some federal "thing" passed just a few weeks ago which allows police officers to give noise ordinances without any calling and complaning and IU is a testing ground for it.

 

[The549]

Yeah...best to do something about it. A year ago my brother was in a Border's Books parking lot after christmas shopping, and when he got back to his car a bunch of fuckers (police that is) drove up and surrounded his car, put him on the ground, taunted him and started throwing everything of his on the rainy ground.....after the whole ordeal, he tried to get their names and they covered up their badges ........ and it makes me so mad when people think that police need more power.

Oh yeah, and the reason why they did that was because he has a saturn, and a saturn was reported stolen a week earlier. I guess they didn't bother checking HOW MANY FUCKING DOORS WAS ON THE STOLEN SATURN!!!!!

....sorry about that....make me mad.

 

[jvd]

keep a shot gun in your house , next to your bed , loaded , next time they let themselves in fire off a few rounds.

Thats legal to do .

 

[digitalwanderer]

keep a shot gun in your house , next to your bed , loaded , next time they let themselves in fire off a few rounds.

Thats legal to do .

 

[RussSchultz]

keep a shot gun in your house , next to your bed , loaded , next time they let themselves in fire off a few rounds.

Thats legal to do .

Sure, you won't be charged with attempted murder post-humously.

Good for you.

 

[jvd]

keep a shot gun in your house , next to your bed , loaded , next time they let themselves in fire off a few rounds.

Thats legal to do .

Sure, you won't be charged with attempted murder post-humously.

Good for you.

hey i would just say someone nocked down my door , in the middle of the night while i was sleeping , i defended my property ! .

 

[epicstruggle]

keep a shot gun in your house , next to your bed , loaded , next time they let themselves in fire off a few rounds.

Thats legal to do .

Sure, you won't be charged with attempted murder post-humously.

Good for you.

hey i would just say someone nocked down my door , in the middle of the night while i was sleeping , i defended my property ! .

wheres the imminent danger? someone breaking down your door does not necessarily give you the right to go shooting your gun off, btw IANAL.

epic

 

[digitalwanderer]

JVD has got a major point Russ, it IS legal to shoot at intruders in your home.

If the police did something like yell, "POLICE! OPEN UP!" or something before they bashed the door down then it is an entirely different story...but if they don't identify themselves as officers when they come in they are putting themselves in danger and the homeowner is perfectly justified in defending themselves.

 

[digitalwanderer]

wheres the imminent danger? someone breaking down your door does not necessarily give you the right to go shooting your gun off, btw IANAL.

Someone breaking down your door IS imminent intent Epic.

IANALE, but this one I do know.

 

[epicstruggle]

did the police try to get into anyone elses apartment? Somehow i think we are missing some key info. Ive delt with my share of clearly racist/hard-assed cops, but they usually have a reason(no matter how poor) for doing what they do. why did they want to get into your particular apt? how loud were your 5 friends that were still up?

epic

 

[RussSchultz]

JVD has got a major point Russ, it IS legal to shoot at intruders in your home.

Depends on the jurisdiction, but we'll stipulate that it is legal

If the police did something like yell, "POLICE! OPEN UP!" or something before they bashed the door down then it is an entirely different story...

Which is exactly why they do exactly that. They don't like getting shot any more than you do.

but if they don't identify themselves as officers when they come in they are putting themselves in danger and the homeowner is perfectly justified in defending themselves.

That doesn't seem to be the hypothetical being discussed.

 

[digitalwanderer]

If the police did something like yell, "POLICE! OPEN UP!" or something before they bashed the door down then it is an entirely different story...

Which is exactly why they do exactly that. They don't like getting shot any more than you do.

but if they don't identify themselves as officers when they come in they are putting themselves in danger and the homeowner is perfectly justified in defending themselves.

That doesn't seem to be the hypothetical being discussed.

I thought he said they barged in without warning or announcing themselves? (Damned short-term memory again, sorry. )

If they announced/identified themselves as police in any way I think you're right, but if they just kicked in the door and ran in I think I'm right.

 

[epicstruggle]

I thought he said they barged in without warning or announcing themselves? (Damned short-term memory again, sorry. )

If they announced/identified themselves as police in any way I think you're right, but if they just kicked in the door and ran in I think I'm right.

he said that they banged on his _bedroom_ door, we still dont have a clear picture of what happened at the front door, or why they felt necessary to come in to the apartment at all yet.

epic