Do the police have the right to...

[foremostin 0]

Do the police have the right to come on your property with out your consent. It happened in a northeast State @ a party I was throwing for my kid's High School graduation. After meeting them @ the front walk way & explaining everything was cool...The reason they were there is someone called to complain about 2 many cars on the street. I told them some kids crashed the party but every thing was cool & everyone was going home.. long story short they were leaving(cops) then turned around & walked to the back of my house. Is this legal. I had nothing to hid but I sure didn't like someone like that wondering around my property

How can you go back when you don't know why you're here

[Viking 0]

I think if they have probable cause but i am probly wrong. When the sun comes up we have a few members who are or were cops who can answer this one fully.

I swear you must have footprints on the back of your helmet - chicagoskydiver
My God has a bigger dick than your god -George Carlin

[jtval 0]

what's wrong with coming up to your house?
if they had a question for ya then theres only one way to ask it, right?

now they cant walk into your house but I donr see the big deal about your property.
of course, probable cause voids any law!


Did they wait for yo to go back inside andthen start walking around? or did they walk straight towards you?

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[andy2 0]

yeah bro, they have the right to approach the rear or front entrance to contact the owner of the residence. Thats why its a bad idea to throw a loud party and have everyone go out back to the patio to drink and smoke...

If you stay inside, they have to knock on the door, wait for you to come, and grant them entrance. If they don't have a warrent, don't let those bitches in. Their job is to hurt you.

---------------------------------------------
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[Zinger 0]

Most state laws vary and the cops could be toeing the line but unless you told/asked them to leave or told them it was your private property and did not want them on it or your land is posted with "No trespassing" signs then Yes they are allowed on your property with out permission/cause, If you said "All was Cool" to them all they have to say is they thought you meant they where allowed and you gave them permission. Now if the phone complaint was directed towards crimes being broke on your property and not on your street thats a whole new ball game.

------Have a good one!--------

[Deuce 1]

This is a point that causes a lot of confusion to folks.

There is searching for stuff in a way that will allow the cop to take what he finds to court for prosecution, and there is "dirty searching".

Specific, articulable (articulatable?) facts must be necessary to constitute "probable cause". Stuff with "I saw" "I heard" "I smelled" combined with the words "In my training and experience".

-Juveniles were said to have "crashed" the party (tresepassers) and "The smell of burning marijuana was coming from the rear of the house". Go back, see a rape in progress, everything is upheld in the preliminary hearing.

Dirty searching:

After a while, some cops are very keen at sensing something is up, but don't have articulatable facts to justify probably cause. They take you out of your car "for no reason" and search it. They find machine guns (or kidnap victims, or any contraband, illegal stuff) in your trunk. They take that stuff, but you can't be prosecuted because the search was illegal.

Generally, if I took a pound of meth out of your car, you are not inclined to try and prosecute me for searching your car "for no reason". Clearly in the end there was a reason, cause I found the meth, or the dead body, or whatever. Searches that stem from inadequate probably cause are called "fruit of the poisonous tree".

So, try thinking in terms of whether something is prosecutable, versus "Legal".

Everybody wants it to cut their way. If a kid turns up missing and cops start tearing people out of cars and dirty searching trunks, the kid gets saved, but the prosecution is lost.

It's a very cool, complicated business.

Whoo-shah!

JP

[TheAnvil 0]

From the sounds of it, I'd say they do. If they received a call RE a loud party and it was at your house, they indeed do have the right to come up to the door and walk around - but not enter without your permission unless they have probable cause that something really bad is going on inside. That's how I've heard my buddy who is a cop talk about that sort of thing.

I know you're pissed, but they were just doing their jobs. Hope they weren't overly assholish.

Beers,

Vinny

Vinny the Anvil
Post Traumatic Didn't Make The Lakers Syndrome is REAL
JACKASS POWER!!!!!!

[foremostin 0]

The thinking is that I was home & was able to keep the cops entertained. If I wasn't there & it was just my son there would be alot of 18 year olds that would have had the harassment of there lives. I am personally not a fan of people, cops or others, who arrive in your face & immediately seem to think it’s ok for them to run you life. I know everyone has a different option….

How can you go back when you don't know why you're here

[Deuce 1]

Quote

The thinking is that I was home & was able to keep the cops entertained. If I wasn't there & it was just my son there would be alot of 18 year olds that would have had the harassment of there lives. I am personally not a fan of people, cops or others, who arrive in your face & immediately seem to think it’s ok for them to run you life. I know everyone has a different option….

Look, I'm retired, and I don't interfere with other people's business anymore, and I didn't then, unless they made enough of a commotion to require attention.

No party is really "good" unless the cops come. It's a benchmark of quality. Unfortunately, you don't get to choose which cops come, and some of them are dickheads.

The easiest solution is to have parties that aren't as good, so neighbors don't call the police.

Meet up with me someday and I'll tell you the story of my Police Academy Graduation party. My house, drunken new Deputies on the lawn doing pain compliance holds on each other, City cops show up and get into a massive brawl with one of us rookies and the rest of us join in. Day one with my new badge I'm staring down the barrel of the pistol of a reservist.

Man, that was a good party!

[Faber 0]

Quote

what's wrong with coming up to your house?
if they had a question for ya then theres only one way to ask it, right?

now they cant walk into your house but I donr see the big deal about your property.

Ill say the same.If they didnt break or ruin anything then let them.Its their job,its hard to find out if somthing is wrong from a distance.I know you just said evrything were cool to them,but the same would a crimimal say.

Just be happy they did their job and there werent nothing to complain about from them

Stay safe
Stefan Faber

[tbrown 26]

It gets complicated and I'm not a lawyer either. The cops will do whatever you can't stop them from doing, so the question boils down to what the lawyers and courts will make of it later. They can certainly come to your door to talk to you about a complaint. As for taking a look-see through your backyard, I'm guessing they can't unless you tell them it's OK. But they're gonna do it anyway and if you try and stop them they'll beat you about the head & shoulders.

The important thing is to NEVER give them permission for anything and if they start searching your car/property/home, at least make an objection, hopefully in front of witnesses. Then, later, after everybody gets out on bail, the lawyers can take over and get the search thrown out. Unless Attny Genl Ashcroft decides to classify you as an enemy comabatant, in which case you're hosed and headed for sunny Cuba.

Your humble servant.....Professor Gravity !

[foremostin 0]

I wasn't talking about when I was 18 & had parties. Back then when the cops showed everyone split because we would have
A. Been arrested
B. Got our asses kicked
C. brawled with them
D see A,B,C

How can you go back when you don't know why you're here

[livendive 8]

Quote

Do the police have the right to come on your property with out your consent.

Anecdotal evidence, as I don't know the law: A couple months ago a 4 year old girl went missing in the town neighboring mine. A call went out for volunteers and I found myself down at a community center that night with an awful lot of cops and firemen. The way it worked, each of us civilians/firefighters paired up with a cop and hit the streets. We would approach a front door together, the cop would tell the homeowner what we were doing there and ask for permission for me to search the property. Once that was given, I took off and searched sheds, crawlspaces, cars, etc, while the cop did paperwork with the homeowner acknowledging their property had been searched.

Unfortunately we never did find the girl, but the procedure did suggest that cops should try for permission, at least when there's no probable cause.

Note - no civilians were assigned to the thermal imaging team that was covering the same neighborhood. Considering the search went through a couple nights, I imagine they were entertained by at least a couple bedrooms.

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[foremostin 0]

When it's the case of a missing child you can come & rip my house apart. When it a couple of 18 year old blowing off steam after just graduating & knowing that they can start jumping soon & a couple of bored cops looking to check out the girls it's a big difference

How can you go back when you don't know why you're here

[Sebazz1 2]

Maybe if everyone was walking about in the nude the police would have just left?


Something to think about in the future maybe

[freakydiver 0]

Hmm - there's the nudity idea again...

http://www.dropzone.com/cgi-bin/forum/gforum.cgi?post=537511;sb=post_latest_reply;so=ASC;forum_view=forum_view_collapsed;;page=unread#unread

-- (N.DG) "If all else fails – at least try and look under control." --

[BlueEyedMonster 0]

I believe this is how it works: Anyplace that you can expect privacy, they must get permission. If a back yard is open with no big huge privacy fence, it is fair game. However your house, shed, trunk of your car... those are enclosed and private. They would need permission.

The exception to this is... The officer is talking to you at your front door, he sees, smells, or hears anything through your door/window to give him probable cause--then they can go in without your permission.

[freeflir29 0]

State laws may vary but I can tell you all federal (Except Border Patrol) have a rule called "Curtiledge." That refers to any "fields" or "Not commonly used" areas of the property. Say you have a fence around your house but another 600 acres beyond that. Everything outside that "yard" fence is curtlidge and Feds have the right to be on it. Crazy I know....but that's the law. If you were having a party and someone called the cops....or even if they were just driving by and heard a loud party that can EASILY constitute "Probable Cause." Now....anything they seized while there can DEFINATELY be argued about in court. A good lawyer will make the cops PROVE they had a right to seize each piece of evidence. The law can be very tricky and cops make lots of mistakes. Get a good lawyer and you'll come out the best you can.

[foremostin 0]

It not a matter of getting a lawyer I was just really pissed that these cops had the balls to just take it upon themselves to enter my property without my consent or my knowledge until after they were on it. Like I said before I understand they have a job to do but basically these perverts just were trying to see the 18year old girls that were hanging with my son & his friends. To be honest if they had asked I would have offer them food, a beer & anything else they wanted but the sneaky motherf*%^$s that they are didn't do that…. Thanks for letting me blow off some steam about them

How can you go back when you don't know why you're here