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probable cause to enter house party

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  • probable cause to enter house party

    A few of my friends had a discussion concerning the police coming to a house party.
    this is one of my friends solutions to the police coming to a house party with underage drinking:

    "KNOW YOUR RIGHTS. if cops come, they aren't allowed in your house without a warrent or unless something incriminating is out in the open. if possible make sure all of the incriminating business is somewhere where there aren't windows or where the front door is. if the cops come, obviously make everyone shuts the **** up and DON'T RUN. when and if they knock on the door, only stick your head out, open the door as little as possible to block their view. as soon as you realize that cops knocked on your door STEP OUTSIDE AND SHUT THE DOOR. refuse to let them in without a warrent. state that you are protected by the constitution to defend your right against self incrimination. (5th amendment i think it is, but i'm not sure, i know it's in the bill of rights). usually if you tell cops just that part they will not try to **** with you, but if they continue to be persistant, tell them you understand your rights and by them going in without your consent or without a warrent ANYTHING they find cannot be used against you in court. now if they are really *******s and they don't get the point yet, continue to ask 'am i being detained or am i free to go' if you aren't being detained, you have the right to terminate any conversation with them. that's about all i can think of. just as long as nothing dumb happens then you should be good."

    I'm in no way trying to figure out how to have a party without the police being involved, I am trying to prove him wrong. I can only assume upon the police arriving they will come upon some kind of probable cause to enter the house. How would you handle the situation if you were confronted with a person like my friend?

  • #2
    Originally posted by stevetweis View Post
    A few of my friends had a discussion concerning the police coming to a house party.
    this is one of my friends solutions to the police coming to a house party with underage drinking:

    "KNOW YOUR RIGHTS. if cops come, they aren't allowed in your house without a warrent or unless something incriminating is out in the open. if possible make sure all of the incriminating business is somewhere where there aren't windows or where the front door is. if the cops come, obviously make everyone shuts the **** up and DON'T RUN. when and if they knock on the door, only stick your head out, open the door as little as possible to block their view. as soon as you realize that cops knocked on your door STEP OUTSIDE AND SHUT THE DOOR. refuse to let them in without a warrent. state that you are protected by the constitution to defend your right against self incrimination. (5th amendment i think it is, but i'm not sure, i know it's in the bill of rights). usually if you tell cops just that part they will not try to **** with you, but if they continue to be persistant, tell them you understand your rights and by them going in without your consent or without a warrent ANYTHING they find cannot be used against you in court. now if they are really *******s and they don't get the point yet, continue to ask 'am i being detained or am i free to go' if you aren't being detained, you have the right to terminate any conversation with them. that's about all i can think of. just as long as nothing dumb happens then you should be good."

    I'm in no way trying to figure out how to have a party without the police being involved, I am trying to prove him wrong. I can only assume upon the police arriving they will come upon some kind of probable cause to enter the house. How would you handle the situation if you were confronted with a person like my friend?

    Be very lerely of street lawyers.
    Some say to take action and to fail is to die a dogs death. I say to live, and fail to take action is to live a dogs life.

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    • #3
      your right to a point... but it comes down to, I just need consent of someone at the party to enter, not the owner...
      Why do we try so Hard for Little things, and so Little for Hard things?

      "There is no happiness without tears; no life without death. Beware, I will give you cause to weep"

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      • #4
        Originally posted by mpdc View Post
        Be very lerely of street lawyers.
        And be very lerely of street lawyers who say:

        Originally posted by stevetweis View Post
        state that you are protected by the constitution to defend your right against self incrimination. (5th amendment i think it is, but i'm not sure, i know it's in the bill of rights).
        Dispatch, we have a 9-11, Armed Robbery in progress. Seay's Surplus Store, corner People's Drive and 124th Street.

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        • #5
          hehehehehe...anyone else see a bunch of partiers being arrested in the near furture?
          sigpic

          I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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          • #6
            Wanna go to jail? Try that garbage.

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            • #7
              This is what's called a "Call for service" not as high a priority as say a 9-1-1 call. All it takes is one call, and for example, in California that party is a
              415 PC-Disturbance. That gives me the P.C. to be at your happy place. In some municipalities the Police can SHUT YOU DOWN! Know be nice to the Police when they pay you a visit!

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              • #8
                If someone can't even capitalize or spell "warrant" correctly, they really are not qualified to give anyone advice about anything more complicated than breathing and maybe peeing.
                Government is not the solution to our problem; government is the problem. - Ronald Reagan

                I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

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                • #9
                  If it's a house party and the little buggers don't want to answer the door usually turning off the power to the house from the main power box OUTSIDE the house usually gets someone to come outside. While we're waiting for the results we can start writing parking tickets for all your buddies that are illegally parked out on the street and then towing them. Then after awhile when they can't listen to music and it gets hot cause there's no AC someone will come out. Then you either hook up the owner or cite him depending on his cooperatibility and start popping anyone young enough for underage drinking. As far as us not being allowed to enter that doesn't apply when we're there investigating a crime so you tell your buddy to give his advice out there are so many ways for us to handle it if nobody wants to come to the door that it can actually be fun for us.

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                  • #10
                    +1 HotSoup, It has been my experience that at parties like this there is more than one vehicle illegally parked. Once a few tow trucks show up the mood usually changes.
                    "Out of every 100 men sent to battle, 10 shouldn't even be there, 80 are just targets, 9 are the real fighters, and we are lucky to have them for they make the battle. Ah, but the one, one is a Warrior and he will bring the others back." -Heraclitus

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                    • #11
                      Originally posted by BikeCop501 View Post
                      your right to a point... but it comes down to, I just need consent of someone at the party to enter, not the owner...
                      Why do I not believe this to be true? Isn't there something recent within the last two years give or take a year that you have to have the OWNER of the house to let you in.. Such as if you have one owner of a house say you can enter and the co-owner of the house says you can not.. You are not allowed to enter. I don't know the case, but like I said, it is something newer. I heard about it on the TV when it first came out, learned about it in college in a CJ class, learned about it when I was a part of the Indiana State Police academy, and when I went through the academy at the department I'm working for now we learned about it. So I'm pretty sure that some random person at the party can't allow you to enter their house. Again, I'm a rookie so I may be wrong, but isn't that the same thing with a vehicle.. The passenger that does not own the vehicle can not give permission to search it can they?

                      But with the house party, that's like me coming to visit you, the police coming to the door and asking me if they can search the house. I can't say, sure come right on in. It has to be the owner of the house.

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                      • #12
                        Originally posted by MarineVet89 View Post
                        +1 HotSoup, It has been my experience that at parties like this there is more than one vehicle illegally parked. Once a few tow trucks show up the mood usually changes.
                        Its amazing how quickly kids start to come outside when you tow their cars or mommy and daddys cars. The party gets really expensive after all of the blocked handicap ramp tickets, double parking, red curbs, fire hydrants, etc.

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                        • #13
                          We just get a search warrant, it makes it more fun when you can boot in a door.
                          No, you've got the wrong number. This is 9-1....2.
                          - Police Chief Clancy Wiggum

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                          • #14
                            I work for a college and just because of your "friends" b.s. nonsense does not mean we can't find ways around getting what we need to get done. When we are given a challange we become very very very creative...
                            Alf

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                            • #15
                              MiGuy,

                              How well did you learn it if it was told to you four separate times and you still don't know which SC ruling it was?
                              sigpic

                              I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

                              Comment

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