Do I have a case here?

Question

So last night we had a party and about 2:00 when all but about 15 people had already left the cops showed up. My buddy who left as they pulled in called me so i went outside to meet them before they could knock on the door. They give me the normal keep it down/start sending people home speach and i agree. They said if they have to come back them i would get a noise citaton. Then one cop asks if i mind if he went inside and looked around. Knowing my rights I said no he can't. He asked again in another way and I once again told him he did not need to. He became upset and told me to get my ID cus now they were gonna write me a noise citation.

So they wrote it up its like $100 no big deal but it just seems wrong that the only reason I got it was because i used my 4th amendment right to deny warrentless search.

Also I've always been told that when they come out for noise you get a warning the first time and IF THEY HAVE TO COME BACK, you get written up. This was their first visit.

There was no drugs in the house or anything like that. All but like three or four people were over 21. No one under 18.

I figured declining the search (even though it made me get the noise ticket) was in my best intrest because one of the cops was just dying to bust me on aything other than noise, and the few under 21's might have let him do just that.

Would getting busted with people under 21 been worse? Better? The same?

Answer 1

You do not have a case. You had the right to deny them entry without a warrant, however someone probably complained of noise and that is why they were called out to your house. It doesn't matter if they gave you a ticket on your first offense or not... if you were committing a crime at that time then they have the right to give you a ticket. It doesn't matter for what reason they chose to give you a ticket if you were breaking the law. It seems you were breaking the law and therefore you really have no case.

And for the person telling you to go to court and plead not guilty and ask for the decibel level, that more than likely would not stand up in court. It doesn't matter what the decibel level was, if a person complains then that is enough to be considered a noise complaint... decibel levels have nothing to do with that particular crime.

Answer 2

I am not sure of the laws in your state but I believe they are all pretty similar. The officer has the discretion to cite you the first time he arrives if he observes or in this case hears a violation. Generally the officers will give a warning (sometimes several) before citing you, but they do NOT have to. I know of no law where it would mandate an officer to give a warning initially but I feel it is proper, especially if they told you when they arrived.
You were within your full rights to not allow the officers to look inside your home. However by declining them access they probably felt that possibly something illegal may be taking place inside and that you were not cooperative. This quickly made them change their minds about the citation and they in turn figured they would not cut you a break and cited you.
Do you have a case? Well unless the law mandates a warning I feel you have no case in this matter. You can always fight it and see what happens. A Judge may be sympathetic and reduce the fine etc....but then again he might raise the fine.
You can consult with an attorney if you want but that will cost a lot more than 100 for sure!!
Good luck!

Answer 3

I would plead not guilty and ask the court what is the allowable decibel reading to be considered excessive noise, you know darn well the cops did not check it and you can also tell the court what happened at your house and the you felt that the two offices threatened you because you did not allow them in.

Answer 4

You have no case. They do not have to give you a verbal warning first, that is there choice. Obviously there were complaints from neighbors or the cops never would have even known there was a party going on. The ticket is valid so pay it.

Answer 5

Well obviously you had a party and there was lots of alcohol around the house for the police to see. If he asks if he can see the house and you say no, of course its obvious taht you are hiding underage drunk people in some room.

I know how this works, I lived in a fraternity, if you know you are in the wrong, dont try to blame police for it.

Answer 6

They do not HAVE to come back. They are allowed to issue a citation when they first come out. Most don't do it the first time around but I guess you got stuck with a real ****** cop.

Answer 7

It is completely officer discretion whether or not to give warnings on the first visit (at least in my city). Lack of cooperation from suspect + bad attitude=ticket.

I have found the main reason people come outside to meet me is because there is/was drug use in the house or underage drinking.

Answer 8

Let them take you to court Casey. America is getting more like naxi germany everyday. The little thing your going through is such a small thing compared to the other rights as Americans we are loosing each day. I tell cops and others, " this is the way it's gonna be, unless I just woke up in naxi germany."

Answer 9

The reason you got the citation was that you were breaking the law. Grow up and take some responsibility for what goes on in your house.

Answer 10

The only difference would be if they had received a call after the one for the noise for something more serious. If not then you may but it may vary by jurisdiction.