Me and my roomate were arrested in our home for possession of alcohol in a dry county and 15 charges of providing alcohol to a minor(above 18 but under 21). We live outside of city limits. Do the cops need a warrant to arrest us inside our home? They also came back and searched our place while we weren't here, all of my stuff was gone through. Its funny we actually didn't even buy alcohol for anybody. And they said we had budlight but nobody was drinking budlight. I have stacked up budlight boxes for a computer desk :) Also on our affidavit it says the court date is Jan 13 2006, but we all know that it is now 2007. Can this help to get the charges dropped? We went to court yesterday and they told us that our case was being transferred to the Justice Court. We were also not read our rights or told what we were being arrested for when they put us in cuffs and made us sit on the couch in our home. I demanded to know what I was being arrested for and they kept saying just wait, just wait.
2007-01-14 05:13:12 · 9 answers · asked by SkUnDy 1 in Politics & Government ➔ Law Enforcement & Police
Yes we were arrested. We were taken to jail.
2007-01-14 09:07:07 · update #1
If you were in fact outside the city and it was city police officials who arrested you then there exists a mutual aide aggreement between them and the county or state police. Yes they can arrest you. also if they witness a violation of the law no matter where they are within the state they may arrest. If you were charged with disturbing the peace - and you refused to answer the door - they may enter without a warrant. As this is a crime being committed in their presence and they have a duty to act. As far as the court date - it is an errorr not a case altering thing that gets the case dropped - it is simply amended by the court. A police officer only is required to advised someone of their rights if they are going to ask incriminating questions. If they do not ask those questions - right are not required. A warrant is only required for a misdemeanor not committed in the presence of the officer. A felony requires no warrant - there are many exceptions to those rules. A search warrant is required when a home is to be searched and probable cause exists that evidence of a crime may be found within. No warrant is required when the crime is in progress and the officer is witness to the actual crime. There are many rules of evidence and law. Situations vary.
2007-01-14 05:27:42 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Most city police forces have some shadow jurisdiction. In other words, they can cross the city boundary under many circumstances.
Depending on where you live, the presence of minors under the influence is ample evidence of your having provided it. Providing is not necessarily buying. The law assumes that a minor was provided alcohol by any adult in the place.
A warrant would not be necessary if there was reasonable cause to think a crime was being committed. This cause could be simply a noise complaint or a minor leaving your house even a little intoxicated.
The mistake of a date is not sufficient to get the charges dropped. Being cuffed is being detained, not arrested. You do not "have" to have your rights read to you until and unless you are arrested. You did not mention being held in jail or being transported away from your house. If that is the case, you weren't arrested.
You have a pretty weak case that perhaps a really good, and really expensive attorney could plead for you.
2007-01-14 05:34:34 · answer #2 · answered by fangtaiyang 7 · 0⤊ 0⤋
Depends on the state. I am TCLEOSE certified. Though I work for a state park, my authority and responsibility covers all of Texas.
Also, being handcuffed does not equal arrested or charged. If they sat you on the couch and had you waiting, you were detained.
Then there are many questions I would need to know. Were there people standing outside of the house consuming alcohol? If there were, and they were found to be under 21, there is the probable cause allowing them to enter your house, no warrant needed.
How many types of beer was being consumed at the party. Are you positive no one else brought said bud light to the gathering? Either way, people underage were consuming some form of alcohol, brand name is not the important part of that equation.
The 2006/ 2007 issue in nil. Given the time of the year, mistakes like that are common. Charges would not be dropped because of that.
At some point you were given your Miranda rights. It does not have to happen at the time you were arrested. It only has to occur before you are questioned. In your case, it didn't seem like there were many questions to ask. There were obviously 15 people drinking under age at you house. What do they really need to ask you? If they ask if you bought it, the know they are going to be told no.
Already covered the handcuff issue. You can demand all you want. At some point, you were notified of what you are being charged with. This does not have to happen on your terms, or when you feel you "have the right" to know. It just has to happen. Since you know you have 15 counts against you, I can assume that you were told what you were being charged with.
2007-01-14 06:09:55 · answer #3 · answered by ? 5 · 1⤊ 0⤋
You can beat this charge. You don't even need an attorney! Go ahead and represent yourself! Tell the judge that since the court date is wrong that they can't enforce it! Tell the judge he has no idea what he is talking about if he finds you guilty in a bench trial and tell the jury you are going to get them if they find you guilty in a jury trial. Write us from jail and let us know how it went.
2007-01-14 06:37:42 · answer #4 · answered by Kevin C 3 · 0⤊ 1⤋
I have statewide authority to make arrests for all violations.
The charges will still have to go through the court where the offense occurred, however.
The officers also are not required to read you your rights until they are questioning you after you are in custody.
2007-01-14 05:18:09 · answer #5 · answered by Citicop 7 · 1⤊ 0⤋
Sounds like a weak arrest..... and an even weaker minded cop.
If you get a good lawyer you'll probably beat it.
Jurisdictionally or just on the grounds that the officer was too drunk or stoned to even write the proper date on the citation.
2007-01-14 05:19:52 · answer #6 · answered by TATTOOJAKE 2 · 0⤊ 1⤋
You need to hire an attorney for this one. Don't go to court without one because you will not win. You must live in Utah.
Good luck to you!
2007-01-14 05:20:45 · answer #7 · answered by miyazaki75 4 · 0⤊ 0⤋
get an attorney as there is always thepossibility you could be charged with contributing to a minor
2007-01-15 12:37:20 · answer #8 · answered by nickle 5 · 0⤊ 0⤋
You got caught. Put on your big boy shorts and take the consequences.
2007-01-14 05:20:54 · answer #9 · answered by Lil' Dog 6 · 1⤊ 0⤋