okay i was at a little get together at an appartment and i guess someone called in for a noise complaint & the cops came around 10. my friend opened the door and saw it was the cops so she tried shutting it but they pushed it back and walked in without consent & then my friend who owns the appt. asked if they could talk out in the hallway which he said no. which is a lie,because they couldve talked out in the hallway. they told us they were outside the door listening to our convo for the past 20 min. which i think isn't right. if after the first 5-10 min. they didnt suspect anything, they should have to leave. they didnt have a search warrent. he walked right in. he made me and this other girl take a breathalyzer but the other 3 dint have to which is unfair. he gave all of us tickets. im thinking of pleading not guilty under the circumstances. i think they should have better things to do like go do the world some good and find some kids who do heroin..not a couple of girls hanging out
2007-12-04 15:07:12 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
i dont want to get a lawyer either.
do you think they'd just drop the charges if i explained the whole situation and what the cops did that was illegal pretty much
2007-12-04 15:14:56 · update #1
poor poor you! you are so picked on. you were drinking you got caught quit whining about it and pay your ticket
2007-12-04 15:13:18 · answer #1 · answered by jon s 4 · 2⤊ 2⤋
They came because of a noise complaint? Then they can come to your door. And if you opened the door and they saw a big party in there and they have reason to believe you are underage, then they can enter if you are in the process of committing a crime. However, they can't force you to take a breath test. You should have not done one. The only time you are required to take a breath test is if you are driving and they think you're driving under the influence. It's a DMV thing and the DMV will automatically suspend your license if you refuse. Other than that you have the right to not incriminate yourself by admitting stuff or blowing into breathalyzers.
If you've never got an underage drinking ticket before, then just take diversion. I'm sure they will offer you one if you've not been in trouble before. I think it's a drug and alcohol class or something like that.
The entering part will be tricky though. If a cop sees someone getting beaten inside a house they can enter in an emergency-situation but I'm not certain about just seeing underagege drinkers. Check with a lawyer.
2007-12-04 15:13:22 · answer #2 · answered by Eisbär 7 · 3⤊ 0⤋
It depends on how much principle is worth to you... All of which will be expensive. You have a couple points in your favor.. One I really dont think underage drinking laws would hold up in Federal court under civil rights issue if you are 18. If your not 18 then that wont help. But Federal Law does make it illegal to discriminate based on age. The Constitution makes an 18 year old an adult and citizen, So if you had an extra hundred thousand or so laying around to pay a lawyer to suit the state/city/county/ in federal court you would probably eventually get off. Another option is to go the illegal search and seizure and violation of 5th ammendment rights. Assuming you havent left out details. Your friend probably doesnt "Own " the apartment. The actual owner may have an agreement with local LEO allowing them access if they suspect illegal drugs or alcohol use. So there are many details and facts to hash out. You need to weigh the cost of the fine and repercussions of the substance conviction. against the legal fees. I would consult an Attorney.
2007-12-04 15:21:40 · answer #3 · answered by sfcjoe4d 3 · 0⤊ 2⤋
It's better for them to find out about this before they accept you rather than after they accepted you because instead of heaving one issue that prevent you from getting internship you will have two. I don't think this will be an issue for your internship just background checking. Underage drinking as if... we've all been there ok. been there and never been an issue.
2016-03-15 06:43:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Technicaly they did not do anything wrong. Are they ***** with nothing better to do? Probably. You did not have to take the breathalizer test, but off course they will not and do not have to tell you that. Still the main point is, you WERE under age and drinking, so sorry but you're screwed. It's just a crappy situation. I'd pay the ticket and try to learn a lesson, don't waste your $ on a lawyer when there's virtualy no chance of getting off.
Peace.
2007-12-04 15:18:55 · answer #5 · answered by Anonymous · 0⤊ 2⤋
Should have refused to take the breath test.
First, what's the legal drinking age in your state? What's your age? What was the BAC?
You might contact a lawyer. Usually, they don't charge to talk to you on the phone. A lot of times they have nothing else to do but talk between court and sometimes get in the mood to discuss your situation. You might also contact a legal aid society. You should also get a copy of the police report, if you plan to fight it.
I think the amount of time that they're outside listening doesn't matter.
You might also call the county clerk and ask what the fine is. It might be something you can live with. Or, contact the drivers services department in your state, if it has one. Your insurance may not go up.
Generally, cops write these reports up to nail you. They don't get bonuses and citations for helping little old ladies across the street. You may have been set up. It happens.
2007-12-04 15:14:07 · answer #6 · answered by rann_georgia 7 · 0⤊ 3⤋
A warrantless entry to premises is legal in the circumstances you describe. I don't need consent to enter somewhere where a crime is being committed, whether its underage drinking or homicide.
Chances are, that if you friend didn't try to shut the door in their face, no-one would have got a ticket. At that point for officer safety I can enter the premises, even if I haven't already got PC for the underage consumption.
I think it will be great if your defend yourself in court using the amazing legal arguments you've mentioned in your answer. It will result in everyone, the judge, prosectior, clerk, other perps, witnesses p!ssing themselves laughing...and you losing.
How about you take some responsibilty for your own actions?
2007-12-04 15:27:33 · answer #7 · answered by lpdhcdh 6 · 0⤊ 4⤋
They came into the appartment because your friend resisted their entry, that gave them reason to come in.
And if you are underage and you were drinking you DESERVE the ticket!
2007-12-04 15:17:08 · answer #8 · answered by Sam-Wise 3 · 2⤊ 0⤋
Get a lawyer!
In most States, apart from anything else, if you get convicted of underage drinking you WILL lose your drivers license for a year, and when you get it back your insurance will be far, FAR higher than it is now.
If the cops entered the apartment without consent then there "Might" be grounds to get the search (ie the breath test) excluded, but it depends on the exact facts.
Richard
2007-12-04 15:11:49 · answer #9 · answered by rickinnocal 7 · 2⤊ 3⤋
If you really want to fight this, get a lawyer.
But realize most of the others will just cop to it, and then their pleas will be used as evidence against you. I would guess that they will cut deals and agree to testify against you to try and make it easier on themselves.
Feel free to plead not guilty, but without a real good lawyer it will be futile.
Good luck and welcome to the new world order.
2007-12-04 15:11:44 · answer #10 · answered by Gem 7 · 1⤊ 1⤋
Sorry, It's your own fault, pay the ticket. stop drinking and be a productive citizen.
2007-12-04 15:16:18 · answer #11 · answered by Laurie 7 · 1⤊ 2⤋