Can cops just walk in?

Topic: Can cops just walk in? (Read 1696 times) previous topic - next topic

Can cops just walk in?

August 15, 2006, 02:53:55 PM

Last saturday me and some friends were drinking in my garage. It was pretty quiet, had the garage door closed and nobody was outside. The neighbors right next door shot off some fireworks and we thought nothing of it. About 15 minutes later one of my friends sees someone in the window of the garage door looking in and about 5 seconds after that, I hear a knock and there are 2 cops standing 6 to 7 feet inside my garage (the walk in door was open on the other side of the garage). They tell us to pour out the open beers and if we blow anything we are getting minor in posession of alchohol tickets. Out of the eight of us there, 4 got tickets with me blowing the highest (0.059)-we weren't drunk.

My question is, can the cops just walk right in? The reason they came in the first place was because my other nieghboors thought the fireworks were us. I told the cops that it was the people right next door that did the fire works and you can see the leftovers in thier driveway. They asked me if I wanted to file a complaint.

Any help is appreciated

Can cops just walk in?

Reply #1 – August 15, 2006, 03:23:08 PM

At this point? Probably. I'm sure stuff like that is buried somewhere in all that garbage they call the (un-)PATRIOT(-ic) Act. It sucks, but oh well.

It's sad to say it, but I fear cops now more than I fear criminals.

Can cops just walk in?

Reply #2 – August 15, 2006, 03:59:41 PM

Quote from: Bird351

At this point? Probably. I'm sure stuff like that is buried somewhere in all that garbage they call the (un-)PATRIOT(-ic) Act. It sucks, but oh well.

It's sad to say it, but I fear cops now more than I fear criminals.

Has nothing to do with the patriot act. People have to stop listening to un-experts on TV all the patriot act is, is how the investigated the mafia years ago with phone tapping etc.

Can cops just walk in?

Reply #3 – August 15, 2006, 04:10:36 PM

I don't watch "un-experts" on TV. I barely watch TV at all, and what little I do watch (has nothing to do with politics) is on the Science Channel.. not exactly Fox "News" or CNN. Please don't stick up for the traitors running this country into the ground. I'm already on blood pressure medication as it is.

Can cops just walk in?

Reply #4 – August 15, 2006, 04:18:32 PM

I would say that in this case they are probably justified by walking in, if they could see open containers and they can make a reasonable guess that you might be underage (meaning you arent hooked up to an oxygen tank or leaning on a walker) I would say that you guys had some pretty bad luck. If they were really there cause of the fireworks and someone thought it was you, you got hosed.

I had some neighbors (I live in a duplex) that were always playing their music until 4am and there was no way they were ever going to listen to me when I asked them to turn it down. I called the cops on them over a dozen times in 2 weeks and the cops never gave them a ticket. In fact the cops told me that if I called them because of our neighbors one more time, I was getting the ticket... How effed up is that?

Can cops just walk in?

Reply #5 – August 15, 2006, 04:22:07 PM

Yes the cops can just walk in. The neigbors gave them PROBABLE CAUSE by calling them and telling them you had fireworks.

If its right or wrong they can still walk in becasue they suspected you had fire works. This works the same way as them searching your car on the side of the road. You or some one else gives them a reason they can search where ever they want.

I agree with Brid351 the police have too much power anymore. They put a new law into affect here that if they think your car radio is too loud they can pull you over give you a $250 ticket and impound your car. To me that is a bunch of . It starts off all good but I know it will become racial profileing.

Can cops just walk in?

Reply #6 – August 15, 2006, 04:22:11 PM

Can cops just walk in?

Reply #7 – August 15, 2006, 04:29:25 PM

Down here I think it is that they can stop you for the loud stereo and confiscate your stereo equipment. Now I dislike being forced to listen to other people's music as much as the next guy, but taking away their property? That's a bit much.

Well, at least as a consolation prize we can now shoot intruders down here and not get in trouble for it. *shrug*

Back to the original guy: I'm sure our resident police officer could chime in on this one as well.

Can cops just walk in?

Reply #8 – August 15, 2006, 05:17:30 PM

Quote from: slamedcat

The neigbors gave them PROBABLE CAUSE by calling them and telling them you had fireworks.

No, the neighbors called and said we had a loud party. The cops said nothing of the fireworks until we told them.

Kinda sucks too, because the fine has been raised to $314 from the $150 that it was last summer.

Can cops just walk in?

Reply #9 – August 15, 2006, 05:17:45 PM

Quote from: slamedcat

The neigbors gave them PROBABLE CAUSE by calling them and telling them you had fireworks.

No, the neighbors called and said we had a loud party. The cops knew nothing of the fireworks until we told them.

Kinda sucks too, because the fine has been raised to $314 from the $150 that it was last summer.

Can cops just walk in?

Reply #10 – August 15, 2006, 06:12:05 PM

The University police where I go to school used to steal shiznit from unlocked cars or ones with windows down. To get it back you had to pay a fine at the police station. I guess it was thier way of teaching people a lesson. Pretty ignorant if you ask me.

Can cops just walk in?

Reply #11 – August 15, 2006, 07:53:24 PM

Quote from: Ifixyawata

The University police where I go to school used to steal shiznit from unlocked cars or ones with windows down. To get it back you had to pay a fine at the police station. I guess it was thier way of teaching people a lesson. Pretty ignorant if you ask me.

The actual police around here go around locking unlocked doors in mall parking lots at Christmas time. It gets them in trouble all the time, too - some people have legitimate reasons for not locking their car doors (lock cylinders seized or frozen, etc)

The police do have the right to enter if they have probable cause (complaints being the easiest one, a potential of danger to public safety being another), and they also have the right to investigate any obvious crime that is being committed once they enter. In other words, it was obvious to the police that you guys were drinking and were underage. It wasn't obvious (and he had no complaints) that you had 60 weed plants growing in the basp00get, so he didn't check it out. I found this out after an acquaintance was arrested for having an illegal satellite receiver connected. The police were there for an entirely different reason, but the cop saw the AVR hanging out of the receiver's card slot, knew what it was, and confiscated the receiver/AVR (it was in use at the time, so there was no arguing that no crime was being committed).

Now, if you guys had hid the beer before the cop saw it I think he'd have needed a warrant to search for it, but if he trips over it while entering he needs no warrant :D

Can cops just walk in?

Reply #12 – August 15, 2006, 08:06:40 PM

Not that I'm stickin' up for the fuzz....but after all...you guys ARE underage, right?....

Here in Missouri (to the best of my knowledge) a minor can legally drink AS LONG AS HE/SHE IS INSIDE THEIR RESIDENTIAL DOMICLE...
meaning..if a minor is gonna get drunk at home..gotta be in the house..not on the sidewalk, not in the backyard, and not in the garage...

Yeah, I think you got shafted..but legally..i think you're screwed.
Lucky you didn't get arrested, or get an MIP, or Public Intoxication...
Remember...kids and booze....kinda like driving with no insurance and havin' a wreck, even if it ain't your fault...you're gonna get bent over and raped with no grease..

On the other hand, if the cops knocked...and DID NOT have permission to enter....well....ya know...i'd see an attorney for some answers..at least. Unless the neighbors knew you were drinkin', and told the cops that...they'd have no reason to suspect it. Let alone walkin right in. let us know what happens...

Can cops just walk in?

Reply #13 – August 15, 2006, 08:13:58 PM

And dont forget for most states there is a ZERO TOLERANCE law. Basicly if you are under age, if you blow anything on a breathalizer, You get a ticket, not mattter what the legal BAC is, or if you appear drunk or not.

Can cops just walk in?

Reply #14 – August 15, 2006, 11:14:15 PM

If they couldnt hear you guys in the garage, they had no reason going in there. Around here that is highly illegal for any cop to enter a private residence without consent or a warrant. We had two cops in our backyard a few months back, the neighbors said my little brother shot their kids with a BB Gun. Those cops got in alot of trouble for entering our backyard with no cause, no warrant and had no permission from anyone in my family. I would fight it if I were you. Like Ford Truck Freeek said, if you are underage, you can drink on your residence, as long as you cannot be seen. However, they cannot walk onto your property, look into your windows, and then bust you. It doesnt matter what kind of building you are in on your property, that cant trespass onto private property. I have questioned all of the cops here about that.