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cops came in to my house without asking

I have 11 people in my basement and my 18 yr playing xbox with his window open the neighbor next door call the cops on my because the music was lound,2am, my son goes to school and works when he gets home he likes playing video,, so his tv was a bit lound,,someone knocks at the door and my wife open it was two cops withou asking they just went down to my basement one stood in front of my friend while we were taking the other one started to touch my computer that I had the music from,, when they went up stair again I told them that I was having problem with my neiggbor since I bougth the house but the music was not lound when they were about to leave I ask them who gave them permision to come in they sad it was my wife, I told them that my wife dont speak English and thats when the police gave me a ticket for 200. for ??? lound music.. I know it was not for lound music it was because a ? whom let them in

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Answer #1

It is best to answer the door yourself in situations like these. People get screwed all the time at parties when someone else answers the door and says “uh, I guess” or “uh yeah” or says nothing and the cops take that as whatever they want. Cops are good as asking questions in a way that legally allows them to do what they want though technically they violated your rights.

But if you don’t know your rights and don’t defend them it’s not the cop’s fault, and that’s what they go by. They’re not obligated to tell you the laws, and if you “seem okay” with their procedures and do not directly object to them they’ll take that as permission. You should have IMMEDIATELY told them to leave your home. If they said no, say “You do not have my permission to be in my home and you need to leave. If you would like to enter my home I Require that you have a search warrant.”

When you do open the door for cops always go out onto the porch to speak to them and shut the door behind you. There is a “plainview” law where if they see anything suspicious (which means anything they can pretend is suspicious) they are allowed to press things and push their limits. Including if they smell anything, and they like to pull that one. “Smells like..[insert illegal activity here]” and they’ll just walk in after that.

Be VERY adament that they are not allowed into your home. Stand up for your rights. File complaints with the police department if you feel violated. OFten times the shitty cops aren’t even liked by the police chiefs who have been around longer and have had to deal with real stuff, not just pestering good citizens.

Answer #2

Sadly, I can’t say I disagree with you toadaly, but I think the airport thing is different. You choose to fly in a plane, and thus agree to being searched.

Answer #3

Take your wife to court and fight it…they can not come in your house without permission or a search warrant, it’ll get dropped.

Answer #4

jaz, I am pretty sure they cannot enter your home with out permission or probable cause. A neighbor’s complaint is not probable cause. They should have waited at the door. If the complaint is loud music, then they can only ask them to stop, or issue a ticket. They have no right to search a house because of loud music. We still have a forth amendment last time I looked.

Answer #5

if anyone lodges a complaint about something, like loud music its there JOB to investigate wether she let them in or not doesnt really matter and if she doesnt speak english perhaps they were comming in to find someone who does speak english they cant just leave if she doesnt speak english, they still have to investigate and make sure the music is stopped or lowered if the neighbours complained

Answer #6

* We still have a forth amendment last time I looked.

If the authorities do not voluntarily honor the Constitution, then it is nothing more than a historical document. IMHO, the 4th amendment is mostly dead already. Anyone who travels by air must submit to a government mandated/executed search without probable cause…the clearest imaginable violation of the 4th Amendment.

If you get pulled over for any reason…to include random checkpoints, they search you if they feel like it. …another blatant violation.

…warrantless wiretaps?

When all 3 branches of government collude, there is no further check or balance.

Answer #7

cops = the worst gang