So I was at a party today just chillin and cops started knocking in the door and they looked around and saw a beer can in the bathroom so like 5 of them came in and one of the cops came to me and told me to sit down and give him my ID. I am 19 and he gave it back to me and told Me to stand up and put my hands behind my back he then pushed me against the wall and started searching me up and down and I told him he had to read me my rights and he ignored me and I kept telling him it was bs and that he wasn't giving me a reason for it. Anyways he finds my 3 grams or so of some blue dream and my bowl and cigs and all that and he puts me on the couch again with handcuffs and I told him they were too tight and he was like awh poor baby and I was like wow. but my phone starts ringing in my pocket and he tries to grab that shit and I was like hell naw and like folded my leg up to make the pocket tight so he couldn't get that shit so he grabs me and flips me upside down just to get it hahaha but he leaves me In the room watching me for a minute and he even said fuck you to me while we were talking and 5 or more cops raid the house arresting and breathalizing people and the cop takes me to the car and I'm in there for a good 20 min and then the fucked finally decides to read me my rights and he said he smelled it. Is that legitimate reasoning? Or can I get him with unlawful search and seizure? I got released with a court summons for possession... Whatever I'm going to try to fight it
From my understanding of the law, once the cop sees any illegal activity he can enter the house, once the cop is in your house he can search anything. Im no lawyer but i would just plead guilty.
Yeah fight it. The cop prob rather take a day at the donut Shop instead of court. He got nothin to gain
It does cost more money, but you can have a consultation..There's lawyers that can help you with your case and will only charge you if you win the case. Get on Norml.org and look for some lawyers in your area and call them and see what you should do. But generally speaking from the sounds of it you said they found a beer can in the bathroom? Unless you invited them in or they seen some criminal activity going on that they could see then no they shouldn't have entered your house without a search warrant and you can probably fight it. But don't be a dumb ass and fight it for no reason. If you allowed them to enter your house or something then there's no point fighting it and you might as well just plead guilty.
Get some blinds on the windows haha cops are miserable because everyone constantly shit talks them. Once they have the go ahead to go in, they're gonna go in. If not they're good people but shitty cops
This! Once you open the door, you're fucked. [ame=http://www.youtube.com/watch?v=o1aqeX6xOFQ]Barry Cooper - "Knock and Talk" or "Tap and Rap" - YouTube[/ame]
This! I had a party at my house a couple years ago, and 2 people got in a vicious fight in a nearby alley unrelated to the party - but they followed the noise and assumed it was at my place, so they went to the door and were demanding to search the place for the brawl. i just sketched out n told everyone to hide their booze, thankfully many weren't visible by the windows, so i just asked the cops their reason for being there, and they didn't listen to my denials of a fight happening, yet they kept being persistent. at 1 point they said they were gonna have to forcibly get in because they heard on the phone one had a knife, so i just said, with my friend recording nearby, 'i do not allow or consent the search of my property and privacy, and if you forcibly enter the house based on false info, i will retaliate in court, with my friend who's recording this cnversation.' they then just talked for a bit by the car and left, saying they were going to return with a search warrant. later on, we heard one of the fighting guys had to go to ER that night cuz of a severe slash wound, which couldve been stopped if the police did their job right. cops can be retarded sometimes
same shit happend to me. at party cops came arrested 25 people including me. They found weed on me under 50. Never got in any trouble whats gonna happen?
Yeah let me clarify so there's no confusion... The front door is right next to the bathroom and there is a little window you can look through to see into the bathroom. Anyways cops start banging on the front door and the owner(not my house) tells everyone to shut up and we start frantically trying to hide beer cans and shit. (Cops can't see anything except for the beer can in the bathroom) so they burst in and as soon as they do that i happen to be standing right there to check if the coast was clear and then I got fucked. This cop really was pressing his rights though
well the thing is they can't bust in there without you answering the door, or a search warrant which I doubt they had because it was a party and warrants take time. Not only that, but he had no knowledge of the people's age inside the house, therefore a beer can does not make it right that they could budge in there unless you are all like 14 then maybe, but since you said you were 19 I am assuming you are hanging out with kids around your age and not 14 so it would be close enough where a police officer can't just assume you aren't 21. The cop CAN come into the house though if you let them in or open the door to talk to them. All it takes is one drunk fuck to open the door and try to convince the officer there is no party with alcohol coming from his breath. Since the cop came into the house illegally, everything obtained was illegally obtained therefore charges can't be held against you (although obviously they won't just hand over your bowl and weed back). You can get the charges dropped assuming everything you told us is accurate, and that really is what you want in your case because those charges on your record aren't going to help you in the future so forking over some money for a lawyer is WELL worth it. If the cops came into the house LEGALLY, and they saw you were indeed under the influence of alcohol underaged, then they can legally search you to see if you have any weapons on yourself for their safety. If then they find during this legal search you have marijuana or anything else illegal on you, they can then charge you. I say fight the damn cop, it is bullshit and even though you are young at 19, your rights were trampled on and that is not what our founders imagined when they set up our constitution.
oh trust me these cops were fucking pricks. at first when the cop walked in he told me to sit down and asked for my id in a douchebag way and i politely gave it to him and out of no where thats when he searched me and he finally pulled it out his ass 15 minutes later while i was bitching at him that he "smelled something" fucking bullshit man i wasnt even smoking
the owner went out front and he was talking to him and as soon as i go to the window to check on him cops come storming through so im not sure
I dont think a beer can is probable cause for them to enter a residence since theyre not able to ID you to prove youre a minor or w.e. I wouldnt fight it if i were you. Doesnt seem like you have much to back your side. Idk man goodluck to you
Umm the police were doing their job. They had a perfectly good reason to think the fight could have happened at the party because fights happen at parties all the time. The fact you were being so sketchy didn't help. If anything you wasted their time by being so sketchy.
I don't think you'll get anywhere trying to fight it. You probably just got 2 misdemeanors for possession and paraphernalia right? My guess is that when you go to court they will ask you to either plead guilty or plead diversion. Plead diversion. They'll make you take like 1, 6 hour class on drugs. Free donuts and coffee too