unlawful entry

so my sister told me about what happened to her friends. The cops pulled a kid over and asked him where he was going, he told them to a party and the address. So they go there at 5 am, enter the house without knocking, and one kid says that the cop said to the other cop, "what should we do?" so the cop responded "we will make something up." Then they handed out a bunch of minor consumptions and arrested one kid for refusing the test. Here is the letter I wrote to my police chief.


hello, I have just heard about an unlawful entry into a home followed by the issuing of minor consumption tickets. I just want you to know if your officers did not get a call for domestic abuse, there is almost no way they legally gained entrance into the house. It may be in your best interest to drop all charges related to this. Further arresting a minor for refusing to take a breathalyzer is also absurd.
I only have what I have heard second hand about this, FOR NOW. I will be making a compilation of testimonies from all parties involved and will get to the bottom of this. Police have overstepped boundaries for too long and I will do everything in my power to expose this terrible offense.
From what I heard the officers entered the house without knocking, with no cause except for word from someone who was pulled over and pressured to say where he was going. While this is not illegal, it is immoral. Police often use their authority in an offensive and abusive manor, which I believe is the case here. When I have more solid facts you will hear from me again, count on that.
Nate *******



was this over the line? Im pissed about it...

 

Well the kids were doing something ilegal so the cops were just doing there job tehcnically.

 

if they didnt knock...

 

I'm guessing the version of the story you heard from your sister was pretty skewed. Was your sister at this party and actually witnessing this stuff happening? because this sounds like the kinda thing where somebody says "Some cops busted our party, it was bullshit. we told them they couldn't come in when they knocked but they did anyway, and they'll probalby make up some reason for coming in." Once this story has passed through so many lips I can see how it would easily become the one your sister told.

 

Fuck the police.

 

they could have knocked and no one heard it.. if the door was unlocked.. it is not wrongful entry...

on a similar note.. someone in the twin cities area was sleeping and at 3am was awoken by the cops.. because the cops were doing neighborhood door checks.. the door was unlocked and a light was left on in his car or garage.. cant remember exactly.. so the cops entered the house to make sure everything was ok.. only to awake the residents who were probably scared half to death when they saw two officers standing at the foot of their bed..

 

the chief is probably going to totally ignore you, and act in the best interest of his officers.

if you are really serious about this, you should ask a lawyer.

 

If the person being pulled over was a minor, and admitting he was going to a party with other underaged kids, and gave up the address, that's reason enough right there to bust into the party. Even if the cops were pressuring him to give up information, that's what cops do, it's not illegal or wrong of them to pressure people to give up information. It's your duty as a citizen to know your rights and uphold them, if you give out information that is incriminating to yourself and others, it's your own fault, not the police.

 

read that letter at a city council meeting.



make sure you have your facts straight first.

 

If I were you I wouldn't have that threatening tone to your letter...you don't want to piss off the people that will be the ones to help you get at these officers.

Also, I wouldn't write a letter until you do have all the stories, and make sure it is all straight. You need the officer's names as well, and you should probably try to contact them.

 

I think you should remove the threatening tone like someone else mentioned, and only state facts.

What is the law anyway regarding warrantless entry, when there is reported or suspected underage alcohol consumption? Was anything in plain sight?

You need a list of witnesses names, not just saying you plan to compile a list. It also isn't a great idea to threaten a police chief into dropping charges. Probably the best thing you can do is make your letter sound professional and fact based, make him aware that you know your constitutional rights, provide witnesses, and tell him you are sending this letter prior to contacting your attorney..

This happened to someone I know when they were still in high school and at a party. The parents were asleep upstairs, came down and flipped out on the cops who had just walked in illegally. The cops left and everyone kept drinking.

 

if you signed that letter when you sent it im sure you can expect a response,,but its probably not going to be what you expected,,unless of course you were expecting to be harassed by your local law enforcement..

 

Something just isn't right here is this the whole story... How would the cops know what kind of party was going on? It could have been clowns and pony rides for all they know. Why would someone tell them the exact location anyway...duh

I'm not a lawyer but I did stay in a Holiday Inn Express last night...

There are a couple issues here...did the cops have reasonable suspicion to come onto the property and even enter the premises, whether they knocked or not. If they had no suspicion there was a crime within they had no right to enter. Did the kid they pulled over actually tell them it was an underage party?

Now assuming that they did have every right to be in the premises, I don't know about where you are, but here in PA all they have to do is smell ________________ (insert favorite malt or brewed beverage here) on your breath. The only need for a breathalyzer is if you had been driving, otherwise that is totally inadmissible in court for detection alcohol of under age drinking.

Sending a letter to the police chief is pointless. Getting lawyers and pleading not guilty would probably be the best way to fight it. Question what gave them the right to enter the premises in the first place. What gave them an idea there was a crime taking place inside. If they had no right to come into the premises everything after that is called "fruit of the poisonous tree" and is no good.

But be aware that a simple call from a neighbor about loud noise would be enough for them to investigate it and then with observation it would be fairly easy to determine if there was an underage party.

Make sure your facts are straight and can be verified...not assumed or that you heard... I heard that Jimmy's hot mom likes to get naked and freaky after smoking sum...hearing that doesn't make it true...be careful do your research.

 

if there are clowns and ponies at a party at 5am... then it IS that kind of party.. shit gets weird sometimes lol

 

Parties get weird when the host starts the party with rooms designated for certain activities. A party i went to had a weed room, coke room, booze room, and a room for people to pass out on one another. I looked in that last on and it looked like a pile of dead bodies. I wished I had my camera.

 

ah.. well.. you've never seen a "this room is for bondage".. "this room is roleplay"... "this is a dark room"..

 

Minnesota sure is fucked up.

 

we minnesotans deal with a lot of fucked up shit.. most revolves around the weather.. and it makes us a lil less sane then the rest of the folks in the world.. i mean.. where else can you get 100F in August... and -20 in February.. without leaving where you live

 

Yea, the weather is total shit here. I wish it could be the weather we have in the fall all year round. That would be cool.

Plus in my town there is nothing to do except the three basics. Get high. Get drunk. Get laid.

 

I have been to parties like that..."the group room"..."the bondage room"..."the one on one room"..."the gb room".