So the cops just kicked me out of a party :(

thanks for bumping with your insightful comments and typed out sig of your own name which we can clearly see
 
cops can only enter your home without a warrant if there is good reason to believe a crime is in progress.


I'm not sure but I think noise violations are such crimes
 
um...cops cannot search or seize without consent from a judge, but they can certainly ENTER the home. Wtf do you think happens when some mom is beating her kid or something? Anything obtained by virtue of an illegal search is not submissable in court, that's the whole point of getting written documentation before you search. Cops can come into your house w/probable cause no problem.
 
cops "arent allowed" to come in but if they see a guy with a beer and he looks anywhere near a minor they can come in since they are seeing a possible crime being commited. its sketchy but everyone usually goes "omg cops" so nobody does shit about it
 
p9Morbid said:
um...cops cannot search or seize without consent from a judge, but they can certainly ENTER the home. Wtf do you think happens when some mom is beating her kid or something? Anything obtained by virtue of an illegal search is not submissable in court, that's the whole point of getting written documentation before you search. Cops can come into your house w/probable cause no problem.
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yea
thats why they take judges around with them on the street. cuz otherwise they would have to let people keep all of their drugs and illegal weapons when theyre pulled over................................................
 
Daredevil said:
rule #1


cops are not allowed to enter a home without consent of owner

sooo.... if they knock on your door to break up a party, all you have to say is you are not allowed to come inside and they can not enter until they have a warrent.
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Yep do that and then have about half the police force show up on your front lawn and when the judge signs the warrant they will be searching everybody and ripping your house apart to make an example out of you. Pretty much when cops say the party is over and are nice and tell everybody to go home...just fucking do it I've learned my lessons :]
 
TonyElTigre said:
also if any door is open cops can walk right in, anybody can for that matter
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Are you having a laugh? A person is trespassing as soon as they set foot on property which is not their own or the public's.
 
p9Morbid said:
um...cops cannot search or seize without consent from a judge, but they can certainly ENTER the home. Wtf do you think happens when some mom is beating her kid or something? Anything obtained by virtue of an illegal search is not submissable in court, that's the whole point of getting written documentation before you search. Cops can come into your house w/probable cause no problem.
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1) the word is admissable, not submissable.
2) yes we can search or seize without consent from a judge, provided it's one of the search exceptions.
3) no, we can't enter the home without your permission, a court order (warrant), or one of the search exceptions because that in itself is considered a search.
 
iNVAR said:
1) the word is admissable, not submissable.
2) yes we can search or seize without consent from a judge, provided it's one of the search exceptions.
3) no, we can't enter the home without your permission, a court order (warrant), or one of the search exceptions because that in itself is considered a search.
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I allways thought you were some super IT Sys Ad :wave:
 
PsioniX said:
cops are niggers


they took me and my buddies champange

they were in brown bags
but they took them anyways
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my dad's a cop. when he was younger he got most of his beer from people he busted. most of it sucked so he just used it for steaming crabs tho.
 
http://www.lectlaw.com/def/e063.htm
When police have a reasonable and sincere fear that someone is in jeopardy and contraband might be destroyed, this usually constitutes sufficient exigency to justify a simultaneous, no-refusal entry. See McConney, 728 F.2d at 1206; Whitney, 633 F.2d at 909-10.
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that pretty much sums it up. If your underage and drinking and they see it they're allowed to enter.
 
Dumpy Dooby said:
3) Couldn't you enter the home on the grounds that you suspected illegal activity was going on inside? i.e., "I was standing at the front door and saw that it was open, inside I could see a bunch of minors and under age kids getting drunk and stoned."

I think that was p9Morbid's point. :)


Also, answer the questions on the first page. I'm getting mixed answers, but you're smarter than the other TWers so I'll take what you say as being correct. plz.k.thx. :p
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that has nothing to do with 'suspected' illegal activity. if you SEE it right from the door, it's in plain view, which is one of the search exceptions. acronym is SPACESHIP:

Search incident to lawful arrest
Plain view
Automobile
Consent
Emergency/Escape
Stop, question, and possibly frisk
Hot pursuit
Inventory
Period - nothing else

As for the answers to your questions, I'm not sure but I don't believe they're allowed to just walk into the house. I'll give it a go though:

Dumpy Dooby said:
Do cops need a search warrant to enter a house to break up a party? Is "loud music" or "party-esque sounds" considered to be probable cause?
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Yes, no.

Can cops order you to leave private property without obtaining consent from the owner?
Yes, in the situation of a noise complaint coming from a party or something like that. There's usually some sort of local law/statute regarding parties and unreasonable noise that gives them the right to do this.

Can cops force someone that is drunk to go out onto public streets (this sounds like it could constitute as being entrapment)?
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They can probably force you to leave, again depending on the above. Whether or not you remain drunken in public is your own problem.

That's my most educated guess. You'd have a better chance with a lawyer of some sort. (Donde esta Pax?)
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Dumpy Dooby said:
Wait, what does that mean? They can stop you, question you, and frisk you at any given time?
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No, that means if they have reasonable suspicion to believe that a crime is being committed, was committed, or is about to be committed, they can stop a person and question that person. If there are additional factors, the cop can frisk you. This has to do with the levels of intrusion into a person's privacy. Google for an explanation of that part. (Request for information, common law/right of inquiry, reasonable suspicion, and probable cause)
 
Meaning they can stop and question you. If the bullshit you are slinging after commiting a crime isn't good enough, and you look higher than a fucking kite, im guessing they will frisk you.
 
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