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Many of you have said I must be leaving out facts because it doesn't add up. Your making my point for me because I've left nothing out. And your right, it doesn't add up to a lawful entry or arrest in my opinion. I will be consulting an attorney as well as the ACLU on Monday.
Many of you have said I must be leaving out facts because it doesn't add up. Your making my point for me because I've left nothing out. And your right, it doesn't add up to a lawful entry or arrest in my opinion. I will be consulting an attorney as well as the ACLU on Monday.
Get a job you lazy bastardMy brother opened the slider door at the back of the house. The music was loud and apparently I told my brother to close the door. He tried and failed. O left the back of the house and sat in my lazy boy. They kept demanding my id and I said "why, what did I do". After this refusal in my own home in my living room they said stand up and put your hands behind your back, were done being nice. O spent 3 hours in jail and they refused to let me make a call. And I'm charged with obstruction of justice, noise ordinences and disobeying police orders.
I was in MY HOME in my lazy boy asking them to ticket me for noise and leave.
Am I wrong?
I know those of you that dislike me will have a field day with this but I thought I was right and I was having none of it. Till I went to jail of course. And by the way, I wasn't allowed a phone call for nearly 3 hours.
Many of you have said I must be leaving out facts because it doesn't add up. Your making my point for me because I've left nothing out. And your right, it doesn't add up to a lawful entry or arrest in my opinion. I will be consulting an attorney as well as the ACLU on Monday.
Criminal Attorney's love idealistic suckers like you to pay off their vacation homes.
Go get'em Grampa!
Who did you piss off?Many of you have said I must be leaving out facts because it doesn't add up. Your making my point for me because I've left nothing out. And your right, it doesn't add up to a lawful entry or arrest in my opinion. I will be consulting an attorney as well as the ACLU on Monday.
Criminal Attorney's love idealistic suckers like you to pay off their vacation homes.
Go get'em Grampa!
Only an idiot shows up for mandatory court without representation.
Suits you apparently.
Many of you have said I must be leaving out facts because it doesn't add up. Your making my point for me because I've left nothing out. And your right, it doesn't add up to a lawful entry or arrest in my opinion. I will be consulting an attorney as well as the ACLU on Monday.
Criminal Attorney's love idealistic suckers like you to pay off their vacation homes.
Go get'em Grampa!
Only an idiot shows up for mandatory court without representation.
Suits you apparently.
I don't unnerstan.
Is there some common belief that if one is in one's own home, one is immune to arrest? Or that the police are always obligated -- in those circumstances -- to obtain an arrest warrant or a search warrant before they can enforce a law and arrest you for non compliance with lawful directives?
You must know that the Police don't need an arrest warrant to make an arrest. If you threaten officers or refuse to comply with a lawful order you are arrested. If you fail to answer a summons a warrant is automatically issued.
Criminal Attorney's love idealistic suckers like you to pay off their vacation homes.
Go get'em Grampa!
Only an idiot shows up for mandatory court without representation.
Suits you apparently.
I only worked in misdeameanor Court for 22 years before I retired.
Didja' get drunk and make your OP up?
If ya' did, you need to take a cure for awhile.
Did you or anyone else invite them in? A noise complaint is a legitimate reason to rap on your door but most good cops won't barge on in for something as lame as that. If you're being detained then they, unfortunately, have the right to demand your name thanks to the scumbags at SCOTUS. Just walking into your house because of a noise complaint would be extremely gestapo although possibly legal.
Sorry bout that,
1. Hey I didn't get an answer.
2. Okay, fine,...why not crank up the rap music again tonight, and open up all the windows this time! :Badgrin:
3. And let us know how that works out for you, go the the education threads, and find my thread, the facts are out now, and we ain't listening to your crap music *ANY FUCKING MORE*!!!!
Regards,
SirJamesofTexas
Did you or anyone else invite them in? A noise complaint is a legitimate reason to rap on your door but most good cops won't barge on in for something as lame as that. If you're being detained then they, unfortunately, have the right to demand your name thanks to the scumbags at SCOTUS. Just walking into your house because of a noise complaint would be extremely gestapo although possibly legal.
Silly trite and erroneous position.
I wonder HOW exactly you folks imagine a police officer is SUPPOSED to get John Q. Citizen to comply with the law (when a neighbor complains about the racket) if they cannot walk into the house through an already open door?
The law is actually not crystal clear on this. But the question often gets asked "well, if they were not permitted to walk in, uninvited, under those circumstances, exactly WHAT were the officers supposed to do?"
The TEST -- the touchstone of the Constitutional analysis on police conduct -- is quite often found in ONE word. It's a word derived from the Constitution itself. Reasonableness.
I am FAR from ready to stake out a claim that a police officer is powerless to do anything about Grandpa blaring his tunes DESPITE a noise ordinance and despite a citizen complaint UNLESS the person allegedly violating the law IN THEIR presence invites them into his home.
ou're lucky you didn't get charged for assaulting a police officer.
I suppose he could have done that but it wasn't intentional on my part.
tried to close the door on the officer. sillie me ...i thought you could be a drunken fool in your own home....
they had no right to enter your home....
Did you or anyone else invite them in? A noise complaint is a legitimate reason to rap on your door but most good cops won't barge on in for something as lame as that. If you're being detained then they, unfortunately, have the right to demand your name thanks to the scumbags at SCOTUS. Just walking into your house because of a noise complaint would be extremely gestapo although possibly legal.
Silly trite and erroneous position.
I wonder HOW exactly you folks imagine a police officer is SUPPOSED to get John Q. Citizen to comply with the law (when a neighbor complains about the racket) if they cannot walk into the house through an already open door?
The law is actually not crystal clear on this. But the question often gets asked "well, if they were not permitted to walk in, uninvited, under those circumstances, exactly WHAT were the officers supposed to do?"
The TEST -- the touchstone of the Constitutional analysis on police conduct -- is quite often found in ONE word. It's a word derived from the Constitution itself. Reasonableness.
I am FAR from ready to stake out a claim that a police officer is powerless to do anything about Grandpa blaring his tunes DESPITE a noise ordinance and despite a citizen complaint UNLESS the person allegedly violating the law IN THEIR presence invites them into his home.
It was a sensible answer. Most cops would just ask you to turn it down instead of walking in. They have better things to do than arrest someone for a pathetic noise violation. Most seasoned cops wouldn't bother with such a thing. Obviously, the cop was easily able to conclude where the noise is coming from, hence, there really is no other reason to barge into the house. A polite knock and warning would have been sufficient. Cops demand respect but they don't deserve it when they go gestapo. But then again I don't know the OP and as far as I know there could be more to his story. Did the cop knock and Identify himself? Hell, even SWAT jackboots do that before they break down the doors and start executing pets.
