I had just got home to my apartment around 1 A.M and was drunk playing a computer game. My brother screamed at me to be quiet and so I told him to go back to bed. Next thing I know cops are at my door screaming at me to open my front door...So I went up to it and locked it since they have NO reason to enter my house. Next thing I know, somehow they get through the door and arrest me, giving me a consumption ticket and disorderly conduct.... The next day the neighboors who called the cops had come down and said they were sorry and that the cops had the wrong apartment. They said they heard the walls slamming and someone saying help in an apartment to the back of us and that they did not intent for it to be my apartment. With having said that there should have been no reason for me to get those tickets...
So that brings me to my question, is it possible to get those tickets dropped?
2007-01-02 03:29:35 · 4 answers · asked by Joey 3 in Politics & Government ➔ Law Enforcement & Police
If the police entered your home because they believed that someone was in danger inside, then it would be considered "exigent circumstances". Whether or not they went to the wrong apartment, because at the time, they believed that they were entering the wrong apartment. I'm not sure where you live, but you can drink alcohol and/or be "drunk" in your own home. (In the U.S.) There is no statute that allows them to arrest or cite you for doing this.
I would also get an attorney and fight the charges. However, don't be suprised if the court rules that they had an legit reason to enter your apartment. Remember, the court has to use the info that the Officers had at the time of the incident, and the info found out later (the wrong apartment), cannot be used to judge whether or not it was legal. Cops are not perfect, and somoetimes do make mistakes, but they have better things to do than randomly pick you out of a crowd and "harass" you for no apparent reason. Good luck!
2007-01-02 03:52:01 · answer #1 · answered by Cali Cop 3 · 1⤊ 0⤋
It sounds like the cops recieved a call for service and therefore had to follow through with it. When they get a call saying someone is "hitting walls" or people are drunk, they are required to make contact and follow through. By you locking the door, they probably thought given the information they had was that you were holding someone against their will, or beating someone. Bottom line, locking the door and not answering was the dumbest decision you made. By locking the door, and based on the fact the police had a call come in where the given address was your apartment, they had no other choice to make entry. Doesn't matter if you get a lawyer or not, your screwed. They had PC (probable cause) to enter your apartment based on the exigent circumstances of the call they recieved from your neighbors. Next time at least answer the door and talk to them, once they are satisfied everything is ok they will leave. Until they know everything is ok, they are required by law to do anything and everything they can to make sure everything is ok and no one is in harms way. What did you have to hide anyway? Bottom line you were stupid for locking the door and not answering for the police, you're just screwed. If your going to blame anyone, blame your neighbors for giving the wrong information.
2007-01-02 12:36:14 · answer #2 · answered by speedysundevil 3 · 1⤊ 0⤋
In truth, there's no reliable way for someone on yahoo answers to do justice to your question. There are so many variables and the laws about what the police can do and cannot do, are complex. You will get a myriad of answers and many in support for your side. The best answer will arrive much later after you either plead not guilty or consult with an attorney, so that 'all' of the facts of the case can be determined and proper advice to you given. It will be a frustratingly long wait with many anxious moments, but there's no other practical way of doing it.
2007-01-02 16:00:11 · answer #3 · answered by nothing 6 · 0⤊ 0⤋
IT'S AN ILLEGAL ENTRY. THEY WILL DROP THE CHARGE GET AN ATTORNEY. PLEAD NOT GUILTY AND FIGHT IT. THEY CANNOT JUST KNOCK DOWN YOUR DOOR AND THEY CANNOT SUMMONS YOU FOR CONSUMPTION IN YOUR HOUSE.
A GOOD LAWYER WILL GET "exigent circumstances" KICKED RIGHT OUT OF COURT.
2007-01-02 11:37:04 · answer #4 · answered by strike_eagle29 6 · 0⤊ 1⤋