Can officers bust into a house with out warning on calls of a noise violation and then search the house?

Question

I had a party i am a minor but the officers keep saying they were called on a noise violation. When they arived curtians were closed and lights were off in the home only 2 cars which my family did not own were parked outside. Three cop cars TABC and a constable speed up to my home jumped and jumped out of there cars with tazer guns drawn. They never gave warning before busting through the door and screaming for everyone to get down. After people were tazered and handcuffed they scearched my home with out me being present. At the time only 12 people were in my home I dont know if that matters but it was clearly not a crazy party and there was no longer any noise because the party was ending it was around 1 am.

I had a party i am a minor but the officers keep saying they were called on a noise violation. When they arived curtians were closed and lights were off in the home only 2 cars which my family did not own were parked outside. Three cop cars TABC and a constable speed up to my home jumped and jumped out of there cars with tazer guns drawn. They never gave warning before busting through the door and screaming for everyone to get down. After people were tazered and handcuffed they scearched my home with out me being present. At the time only 12 people were in my home I dont know if that matters but it was clearly not a crazy party and there was no longer any noise because the party was ending it was around 1 am. There was no search warrant,there were minors drinking at one point and this happened in a small town..... But i have well had a good reputation

Answer 1

And you cops wonder why citizens have a problem with you.

Answer 2

No, they cannot enter a home for a noise complaint. They can only enter a home w/o a warrant if they believe there is a felony in progress or there is life threatening danger to someone inside. In the situation you describe, if some one called and reported a 'loud wild party' at your address, and they arrived to find a darkened house with maybe a light or two on, no loud music, and only two or three cars parked out front, they should have knocked on the door. If no one answered, they could, by rights, walk around the outside of the house to check to see if anything was amiss. If nothing was found, they should have left, marking the call unfounded. If they heard noises inside, they could have pounded on the door louder and announced themselves, however, they still didn't have the right to enter w/o probable cause and a warrant (loud music is NOT probable cause).
Now, I know quite a few police officers and TABC officers (Texas Alcoholic Beverage Commission for those who were wondering), and some of the TABC folks do get a little over-zealous in enforcing, especially against minors. If, and I am not sure that I buy the whole story here, but if the events occured as you described, I would get a lawyer, quick. A good lawyer will have all the evidence thrown out, and you could make a good case for financial restitution for violation of civil rights. did this happen in a big city or a small town? Sounds more live smallsville to me, as most city cops are aware of the boundaries of law and don't cross them (much LOL)

Answer 3

Police officers cannot bust your door down and search your home without permission, in order to search your home they would need a search warrant and at that time they have to knock on your door and serve the warrant with the name of the person for which the warrant is for and then they would have to get permission from the homeowner if indeed you are renting your home.and has far as the tazer gun i just think that is power of control espeically if they didnt feel like someone was going to harm them that was pure harrasment and you guys didnt get a warning. if anything the officers should have knocked on the door to see what was going on and issued some tickets for underage drinking if thats what you were doing and then contacted your parents but the problem is people that need to care when coming to police harrasment doesnt.

Answer 4

I though there had to be "exigent circumstances" for cops to be able to enter without knocking. That is- it must be an emergency, like some one is hurt or being hurt. And for them to have the tazers out and ready- that seems odd. There is a use of force matrix officers must follow. Using a tazer on people if they were not resisting in any way is totally wrong. I would look into this because there are some questionable tactics being used.

Answer 5

If they did not have a properly executed (by a judge search) search warrant, nothing they found could be used against you in court and sounds like a major overstep of their authority to break in to start with.
I do not think that they would have had cause to believe that someone was being killed inside which is the only reason they could justify such an entry.
What they did is really messed up.
You may be able to sue if they broke anything in and around your home. Check w/a lawyer.

Answer 6

Yes, however with an attorney any evidence seized during a search of that nature would be inadmissable in a court of law and would be thrown out before even going to trial. Unless evidence was in plain view, however even in that scenario with an attorney it would be 95% chance thrown out. I had a friend who had cops come to his house and they found cocaine on an unrelated call. He paid the $3000 bail and the case was dismissed days after upon the state attorney reviewing how the evidence was retrieved. This cocaine was actually hidden quite well and chatonooga police dept. violated there own policies.

Answer 7

If the acquaintances talked about as the police officials with credible advice that you had unlawful products on your position, the police officials ought to practice for a glance for warrant to seek your position. If the choose agreed that the advice rose to the point of probable reason to trust you had the unlawful products, he ought to situation the warrant and they could seek for your position hostile on your will. If the acquaintances talked about as the police for a noise criticism, the police can come inspect. If interior the approach that analyze they strengthen probable reason to trust you've unlawful products -- as an instance they see or smell them in undeniable view -- they could seek for those products with out a warrant, yet probable no longer the completed domicile. they could also ask your permission to seek and in case you consent, they don't want a warrant. There are different exceptions to the warrant requirement. the acceptable aspect to do must be to save the noise down because you admit you're too loud. in case you've gotten a celebration,, furnish you with acquaintances a courtesy call, supply them your neighbor and ask them to call you immediately if the noise is out of hand.

Answer 8

I have never heard of this and it sounds bizarre the way you present it. Did they have a search warrant? What illegal activities were going on in the house? The police could have a teenager report back to them concerning any illegal activities in town. Have you bragged about doing illegal things? Maybe word has gotten around town.

My son's stepsister who lives with his dad bragged about doing illegal things. The police brought search dogs into the school and charged her and ten others with drug possession.

Answer 9

I think they broke the law, because they need a search warrant, and thing found in your home can't be used against you in court. You could sue for damage, i would. but getting money out of the city takes years. Get 'em.

Answer 10

you are a minor and don't know how the actual call was described as yes they can enter your home without any warrant if the dispatcher told them someone life was in jeopardy as i say many variables on how it was dispatched