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    I got arrested today, need legal advice

    I have these 2 crazy neighboors one who lives way across the street with a house set back closer to the back yard and when she sees cars in our driveway she calls the cops. when we are on our roof she calls the cops.

    she pretty much calls 911 everytime we do something out of the ordinary like bieng in our garage.

    anyways, her daughter lives across the street from her- next door to us. and she makes her daughter call the police on us for noise complaints, 24/7. even when we are not making noise

    whe play guitar and drums and our house is completely soundproofed (over 300 dollars invested)

    there have been 27 times the police have been here in all.

    sound ordinance is from 8am to 10 pm. She calls the police 3 or 4 times a day, and they show up, usually cant here anything and leave.

    yesterday, new cops (we know the whole force, they are nice to us) show up at 4 in the afternoon for a sound complaint, and knock on our door, my roomate and I go outside and the cops are telling us we had a sound complaint

    "What is going on in there?" the cop then asked how many people were inmy house and demanded to come in and look and i told him no he could not.

    Im standing in front of the door and he grabs the handle and tries to open it, but im in front of the door and i take my hand and slam the door back shut and i yell "YOU CANNOT COME IN TO MY HOUSE" as i slam the door the cop doesnt let go of the handle and falls forward and runs into my aIrm.

    i look over and my roomate is already in handcuffs and the police officer tells me to let him in and i tell him again no you cant come in. He replies and says Im in the middle of a police investigation i can do what i want"

    and I yell LOCK THE DOOR, and my friend behind me locks the door and he tells me im under arrest. my phone is in my hand, and he locks both of my handcufss WAY TO TIGHT. I Flip my phone and dial 911 as he tells me i "
    assaulted a police officer" and i start saying You cannot just come in my house without a warrant you tried to open my door, WHAT ARE YOU ARRESTING ME FOR"

    im being arrested for a breach of the peace, assaulting a police officer, and resisting arrest.

    he sees the phone in my hand and starts grabbing at it, ripping the cover off and i i drop it and the battery comes out, they pick it up and bring me over to the car

    my wrist is IN SERIOUS PAIN, and i get slammed against the back of the cop car. well, my phone call did some good, because the superivisor showed up.

    the police officer told the supervisor i touched him and that was battery, and i told them i have a camera on my door "right there" and another cop replies
    we have one in our car right here" and i say "then we will know the truth wont we?"

    he didnt respond and proceded to write my a citation and the supervisor told them to loosen my handcuffs, i look at my wrist, the skin is chaffed and my wrist is black and blue.

    we get a citation, i call the police department, and they tell us that all of this is our fault, and we dont have crazy neighboors, and all the police could here the music, (which theyve come out here 27 times and usually CANT.

    so after i get back home, i have my roomate play, i go across the street and listen, and i cant hear anything, i call the police station and ask for an officer to meet with me, and they tell me they will be doing sound checks when they choose.

    i ask them if there is a certain decibal level we are allowed to have, because you can "FAINTLY" here the music across the street.

    and if CODE ENFORCEMENT can come out and check the decibals, they tell me they dont have equipment like that, but the cop has a recorder on his belt, and they say that if the recorder can pick up the music, the it is evidence that it is too loud"

    they told me they will not come out with a decibal meter, and that is up to an attorney if i so please.

    HOW THE FUCK can they tell me im being to LOUD, with properly diagnosing the PROBLEM.

    I asked the supervisor how it is possible they can write me a citation, if they have no "proof" that i am being to loud, a recorder on a cops belt, doesn't say

    "This is over a certain sound level 50ft from the premises"


    so yeah i need advice.
    Last edited by Turbo Dave; 12-19-2007, 03:58 AM.
    ]

    #2
    my nieghboor has a dog

    on a second note, my nieghboor has a dog, and i know they make "dog whistlers"

    a thing that produces a super high pitched tone that makes dogs bark like crazy

    im thinking about setting one up in my back yard, she wont here it, but the dog will, and start barking like crazy... 24/7

    i will then proceed to call the police on her until she gets arrested.

    sound like a good idea? i cant find the dog whistler though. i dont know what the real name for it is
    ]

    Comment


      #3
      i believe that you can not deny an officer entry or search of your property or premises. so, by just doing that, you kinda fucked yourself there if this goes to court. its a good leg for the prosecution to stand on. it will give probable cause and more than likely grant a search warrant.

      if you get a GOOD lawyer, you might be able to shake this, hell, might even make a counter claim.

      but, im no lawyer(yet), so, you might want to seek counsel some where... uh... professional?

      the whole noise thing, that depends on your neighborhood ordiances. you know wether you live in a gated community, apartment complex, etc etc.

      good luck dude.... -sigh-

      Claire - '92 Mercedes-Benz 500E - AMG&Bilstein Treatment - The Wolf in Sheep's clothing.

      Alice - '97 BMW 540i6 - Dinan Tuned. - Low Profile Weekend Warrior.

      Felicia - '11 Ford Fusion - Luxury Package - Daily.. daily.. ugh.


      Originally posted by JoshM
      Okay to do: "I'm sorry I broke your mailbox, here's $100.
      NOT okay to do: "I'm sorry I fucked your sister, here's $100.

      Comment


        #4
        Sounds like they're in the wrong. Call up local new station and make it public.

        But yea, when you deny them entrance, that's probable cause. You should've let them in then call up the DA or something about it.

        Fuck them. Most cops are power-hungry dicks anyways(most, not all). I just love it when another law-enforcement agency puts them in check; I know a few Sheriffs and they have run-ins with local police.

        And definitely get the whistle, and call in a noise complaint when the dog starts barking.

        Make copies of the tape, put them on Youtube and send them to the news stations around and maybe talk to the news paper too. The more public you make it, the more they'll want to drop it.
        Last edited by K2e2vin; 12-19-2007, 04:10 AM.
        -Kevin

        1988 Honda Civi- D15B VTEC Dac Biet, my "race car"
        1992 Honda Accord LX: DD until I finish school

        Comment


          #5
          Sounds like to me you got a psycho dont have anything to do but be in my business bitch downt he block. Your best bet would be to get a lawyer. the cop had no right to touch you defending yourself within your household. Especially when he has no arrest warrant you shouldnt have opened the door for him at all that was your mistake.


          Now as the whole him telling that you hit him to his superiors tell your friends that the cop did what he did and which he assaulted you and hauled you off and tried to break in your house without that arrest warrant. You can sue him and get money. If you got more than one witness int he community or a file of petitions saying how much noise you make in the neighborhood that could mean trouble for you.

          Comment


            #6
            sounds real shitty. can't really offer much more advice than for you to contact the department and file a report on the officers. not sure how far that will go, since you already told the supervising officer, follow the chain of command.

            http://home.listings.ebay.com/Dog-Tr...istingItemList

            thats the ebay listing. if you go to a sporting goods store, you can probably get one in the hunting section. dog training whistle.

            the whistle may or may not be a good idea. it seems like it could start an all out war between you two. your choice.
            Last edited by RHondatheHonda; 12-19-2007, 04:12 AM.
            Is God willing to prevent evil, but not able? Then he is not omnipotent. Is he able, but not willing? then he is malevolent. Is he both able and willing? Then whence cometh evil? Is he neither able nor willing? Then why call him God?- Epicurus

            Comment


              #7
              I think you should definitely give the IAD a call = Internal affairs devision. The cops did their job the wrong way they are supposed to have that search warrant then get a lawyer then get your witnesses. Then try to get that other crazy bitch off yoru block. Soon theyll arrest her too for calling them to come after anything ont he block so much.

              Comment


                #8
                Talk to a legal expert, that's your best bet...good luck man

                SOLD!!
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                  #9
                  no lawyers drive cb7's lol!
                  ]

                  Comment


                    #10
                    the police officer told the supervisor i touched him and that was battery, and i told them i have a camera on my door "right there" and another cop replies
                    post the video o and lol at $300 sound deadening. You cant properly sound deadening a closet for that much let alone a house.
                    Last edited by ChIoVnIdCa; 12-19-2007, 06:23 AM.

                    Comment


                      #11
                      * Fourth Amendment – Protection from unreasonable search and seizure.

                      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

                      I once had a 4th amendment, buuut the gov. took mine away. Its a great amendment. bring it up in your case

                      Comment


                        #12
                        Get a lawyer.....thats really all the advice you need.

                        but you can deny cops entry to your house as long as a warrant is not present.


                        Burrito Bandidos: It will change your fuckin life

                        Comment


                          #13
                          even if the officer has probable cause, he should'ov went to a judge and got a search warrent. you cant just go in someones house without a warrent. you did the right thing dave. you got a camra on top of the door, you didnt let him in, you have sound proof walls, and you dialed 911 on your cell getting the supervisor over to help ya out. but what you dont have is a good lawyer. you could get a lawyer to help ya out so that he could fuck your neighbors so bad, they wont even call you over to help with the lawn or come over for christmas, hell they'll probably move. im in law class, so i could help you out a bit. but for now, get a attornety or lawyer to give you some advice and help you out. good luck.
                          miss my turbo cb7
                          moved onto volvos. dont know how that happened, just did

                          Comment


                            #14
                            I love when you guys try to give legal adivice.... its so funny.

                            Originally posted by lil_dcb7
                            i believe that you can not deny an officer entry or search of your property or premises. so, by just doing that, you kinda fucked yourself there if this goes to court. its a good leg for the prosecution to stand on. it will give probable cause and more than likely grant a search warrant.

                            if you get a GOOD lawyer, you might be able to shake this, hell, might even make a counter claim.

                            but, im no lawyer(yet), so, you might want to seek counsel some where... uh... professional?

                            the whole noise thing, that depends on your neighborhood ordiances. you know wether you live in a gated community, apartment complex, etc etc.

                            good luck dude.... -sigh-
                            Like accordconor said the 4th ammendment does stop just any officer from coming into your house and searching but all they need is probably cause. The smell of weed is enough probable cause... And if that wasn't the case even your suspicious behavior of yelling at him could probably be construed as probable cause.

                            Also look up your state law on the noise thing. State law trumps neighborhood ordinances and I can almost guarantee your state has a law about it.

                            Originally posted by k2e2vin

                            But yea, when you deny them entrance, that's probable cause. You should've let them in then call up the DA or something about it
                            If you let them in that gives them consent and makes the search legal

                            Originally posted by quickangel93
                            even if the officer has probable cause, he should'ov went to a judge and got a search warrent. you cant just go in someones house without a warrent.
                            Should he have gone to a judge in this situation yes, but does he have to No. If that was the case hypothetically every kid who got pulled over with weed sitting on the front seat of his car would have time to dispose of it while he 'waited' hours for the cop to go put in the request for a search warrant and then come back and serve it.

                            Originally posted by h22sparkle
                            the cop had no right to touch you defending yourself within your household
                            Thats not true. There is s such thing as a castle doctrine which states that you don't have to retreat when defending yourself in your home or on your property but it does count for law enforcement.

                            And Rockin.... were you even arrested or just handcuffed and given a citation. Were you read your rights, taken to the station booked and then posted bail? If you were actually arrested then I would definitely file a report if nothing is done about that then i would bring my video and stuff to a local news station and make a big deal about it. Doing that now could make you look like your instigating stuff. Same thing for the dog whistle. If you weren't arrested then there isn't much you can do. The police will just say that they handcuffed you as a precaution becuase they believed the situation was about to get violent. but i would still file a report it can't hurt.

                            An an idea for trial if you do have a date is bring the receipts from your soundproofing stuff and have the neighbors sign a petition/statement saying whether or not they can hear your music and if it bothers them.
                            Last edited by Rusty; 12-19-2007, 10:18 AM.
                            "Auto racing, bull fighting and mountain climbing are the only real sports....all others are games."
                            - Ernest Hemingway

                            Comment


                              #15
                              wow a lot of useful information, my roomates dad is getting us a lawyer, and im going to have the neighboors sign stuff too say they cant hear it except the old ladies.

                              the woman is 85 years old, she cant even hear, i have video of her walking across the street and standing in our yard to listen to the music.
                              ]

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