I got arrested today, need legal advice

[deevergote]

While I can't say you were totally in the right, Dave, I agree that everything was pretty screwed up. Things seem to have gotten WAY out of hand. The cops were responding to a call regarding sound levels, which I assume they didn't witness. You didn't deny the officer entry until AFTER he tried to force his way in (according to your story). If he had no probable cause (smell of weed, or other indications of illegal activity) then there was no reason to enter. I'm sure a s hell not letting a cop in to MY house just to prove I have nothing to hide! (though knowing you, you probably DO have something to hide...)

The fact that a precedent has been set, numerous times, of that lady calling, and cops showing up without witnessing a thing, should be enough to say she's clearly just trying to give you a hard time.


As I said, you weren't completely in the right... and all the charges brought against you COULD stick... BUT, I don't think the things that were done by the cops (and the old lady) to provoke your actions were at all necessary. You wouldn't have resisted arrest if they didn't try to arrest you. Why did they try to arrest you? Not on their own perceptions, but on the word of a crazy old lady that has made this call dozens of times before.

The little boy cried wolf, so the farmer shot the sheep.

[LinX]

Cops cannot just barge into your home without having probable cause as mentioned above. It is the same deal when you get pulled over. No access to the inside other than things in plain view.

[Bcozzi71]

post the video of the cop arresting you i wanna see it............also i call the cops on her dog barking hahahahahaha

[deevergote]

Cops cannot just barge into your home without having probable cause as mentioned above. It is the same deal when you get pulled over. No access to the inside other than things in plain view.

We only have his word that they DIDN'T have probable cause, though. They may have.

Still, if they didn't, and they didn't ask your permission to enter before they tried, they were in the wrong. Of course, probable cause can be made up... "I smell weed"... if they do a drug test on you and find that you've smoked weed at any time, the cop's word is as good as gold... even if it's total BS.

[Turbo Dave]

its on a vhs tape ill see if i can figure out how to get it on my computer.

my roomates father is at the police station right now.

i love how the supervisor tells me i can play if its not loud but the police have no scientifical way of proving that its loud except for saying "they can hear a muffled sound"

[jhondayaaj]

sonds like you got a case man. fuck them asshole cops. remember, you were terrified and scared to death by that officer. $$

[lokuputha]

* 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

^X2

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.

Without "probable cause" they cannot search your residence or property, although I don't really know what clauses there are in your new P@triot Act.

Never let law enforcement in without a warrant. Officers cannot even search your car, it is not allowed, although their authority usually tends to intimidate people.

Understand: The police work for you, not the other way around.

It is our duty to make sure we keep authority in check, otherwise bad things will happen.

[K2e2vin]

If you let them in that gives them consent and makes the search legal

I'm talking about letting them barge in, not verbally or in any way agreeing to the search. Like instead of trying to shut the door on them, let the force it open. Hell, let the door hit you; that's another case right there

[10thcb7]

Ive had cuffs on till my nerves had knots balled up blue and black the cops dont care. If you did have a camera they hate cameras its the ont thing that will place an officer in check. ever seen those byum fights whebn they point at the cops ? Well either way get a legal expert he threw and damaged you and your phon e thus denying you a different officer to do the deed.

[starchland]

just be mature about it...part of being a good neighbour is to know when too loud is too loud

[MikeW]

.....................................

[Straight Success]

Get a good lawyer and go public if you were not in the wrong. But make sure you were not in the wrong. It's a dirty game. I try to avoid it as much as possible... Good luck.

[lil_dcb7]

* 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

Congress did away with that when the patriot act was passed.

he's pretty fucked IMHO.

[lil_dcb7]

^X2




Without "probable cause" they cannot search your residence or property, although I don't really know what clauses there are in your new P@triot Act.

Never let law enforcement in without a warrant. Officers cannot even search your car, it is not allowed, although their authority usually tends to intimidate people.

Understand: The police work for you, not the other way around.

It is our duty to make sure we keep authority in check, otherwise bad things will happen.

as i just posted. ^^

the patriot act was passed after 9/11

[lil_dcb7]

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



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.

HEY don't discourage me, i got a good five, six years till law school!!