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  • House party call and no one will answer the door.

    I work Fri-Sat nights and routinely respond to house party calls. Usually we get compliance and people turn the music down or we will shut the party down.

    My question is for that party where no one will answer the door. The music is still going on, its loud and disturbing the peace of a neighbor (PC 415 in CA, misdemeanor). Let's say on top of that the neighbor is willing to sign a citizen's arrest and prosecute the violator. I haven't come across a situation like that yet, but how would you handle that? If there is still no answer at the door, would you actually go through the process of securing a warrant? Would you make contact at a later time and submit a complaint to the D.A.? If its a house party with 100 people, is the home owner or whoever is in control of the residence and at the location the one responsible and the one who will be the subject to arrest or the subject of the complaint submitted to the D.A.? Also, can the victim sign a citizen's arrest for the misdemeanor when they cannot positively identify the exact person responsible? Can it just be assumed the resident or person in charge of the residence is responsible and therefor subject to arrest?

    I know the typical answer is to start ticketing/towing vehicles parked for the party until you get a response from someone inside, etc. But I want to know from someone with experience how they have handled it when that tactic has failed.

    Thank you for your responses

  • #2
    Walk over to the breaker and throw the main. Then sit next to your unit and let the owner come out. someone will come out and complain. The home owner gets the cite.
    I'd rather be judged by 12 rather carried by 6.

    It should be noted that any and all post that are made are based on my own thought and opinions. And are not related or implied to represent the department I work for.

    Comment


    • #3
      Turning off the mains usually works well as long as nobody there is hooked up to a life support machine or something. Otherwise I'd have to get an after hours court order to investigate and abate the source of the noise which gives an entry power.

      Comment


      • #4
        Odds are with a loud party going on, there's no one there on life support equipment. We've hooked up cars, turned off mains, sent plainclothes to the door, all viable tactics

        Comment


        • #5
          I would simply bang on windows, scream my presence of police. If that did not work, I would start towing vehicles.
          My badge bears no fault or guilt to take another persons life, if I am close to losing my own

          sigpic

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          • #6
            Call in S.W.A.T.

            I'm sure that Hondo and his crew would love to get some action.

            All kidding aside, throwing the breaker is very effective.
            Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

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            • #7
              I dont go on many noise calls, but when I do they usually are interesting.

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              • #8
                Each case is going to be unique and based on what you can articulate. Remember a "house party" taking place in a private residence is exactly where the most expectation of privacy is held as well.

                Take particular note of the following things
                Noise level at the street and neighboring residences
                • Size and location of the crowd
                • Age group of participants
                • Observable violations of law
                • Condition of participants (drunk, disorderly, etc.)
                • The capacity of the facility to accommodate the number of participants
                • Time of day and day of week
                • Parking and traffic considerations

                Video tape what is occurring as well as your attempts to locate a responsible party. Generally a simple loud party is not going to justify warantless entry into a private residence, minus exigent circumstances (and the party alone is not exigent).

                In an unpublished opinion, the California Court of Appeal (4th District) held that officers
                were justified in making a warrantless entry where music was so loud that “the neighbors
                could not bear it.” Prior to making entry, the officers had attempted to contact the
                occupants by “pounding on the door” and by having their desk attempt a telephone call to
                the location. The officers then formed an opinion that the occupants may have been in
                danger and the officers forced entry to check on their welfare. (People v. Weise)

                In a Sixth Circuit Court of Appeals case, the court upheld the actions of officers who made
                entry into the location of an extremely loud noise. The officers arrived in the early morning
                hours and were greeted by “between four and eight pajama-clad neighbors.” The court
                stated its strong preference for a search warrant. It noted that the officers warrantless
                search did not fall into any traditionally recognized exception to the warrant requirement.
                The court did recognize that “the governmental interest in immediately abating an ongoing
                nuisance by quelling load and disruptive noise in a residential neighborhood is sufficiently
                compelling to justify warrantless intrusions under some circumstances.” (People v Rohrig

                Then there is Talamaivao v. County of Los Angeles. Deputies went to loud party complaint. Host was uncoop, deputies took rocks and bottles and the county still lost 15.9 mil with the court saying LASD had no authority to go in and try and break up the party..........
                Today's Quote:

                "The difference between stupidity and genius is that genius has its limits."
                Albert Einstein

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                • #9
                  Get two or three tow trucks to show up & start acting like you're about to start hooking vehicles...they'll come out.
                  This Space For Rent

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                  • #10
                    Originally posted by Pogue Mahone View Post
                    Get two or three tow trucks to show up & start acting like you're about to start hooking vehicles...they'll come out.
                    Tow trucks are the best way to get someone out.

                    However if I call a tow truck I am not pretending. Once the tow truck arrives, cars are getting towed.

                    Comment


                    • #11
                      Originally posted by Tmg View Post
                      Tow trucks are the best way to get someone out.

                      However if I call a tow truck I am not pretending. Once the tow truck arrives, cars are getting towed.
                      I love the tow truck.. announce over p.a. that cars are parked illegally. Sobriety test to allow access to leave in a car.
                      "Pain is temporary. It may last a minute, or an hour, or a day, or a year, but eventually it will subside and something else will take its place. If I quit, however, it lasts forever."

                      "When you get to the point were all you want to do is be successful as bad as you need to breath, that is when you will be successful"

                      Comment


                      • #12
                        When I worked at a university, we never had a loud music call where we couldn't find at least one person outside. ID them and tell them if they don't send the homeowner out, they will be the one cited.
                        Originally posted by Ceridwen
                        Just one would be stingy of me, I'd have to get two. For the children.

                        Comment


                        • #13
                          We have a university in our city. I go to parties nightly and some don't like to answer....right away. I have never had to go to the extreme of calling tows. My strategy is to 1) if there are people outside, tell them to go find the owner 2) if no one is around and they refuse to answer, I whack the door with my flashlight and ring the door bell continuously until it just gets annoying for them and they realize I'm not leaving.

                          In my city, we have a municipal code against loud parties, which creates a third option (and a way to avoid having someone sign for 415PC). Each response is $250 per officer that is on scene. We do not need to know who the "responsible" person is or actually contact them, all we have to know is the residence address. The bill is tacked onto the next month's water utility bill.

                          Comment


                          • #14
                            Originally posted by Mulgrave600 View Post
                            Turning off the mains usually works well as long as nobody there is hooked up to a life support machine or something. Otherwise I'd have to get an after hours court order to investigate and abate the source of the noise which gives an entry power.
                            sorry man but 99.9% of the time ALL Life Support Machines have a BATTERY BACK UP that lasts from 12-24 hours, so that's null in void.
                            I'd rather be judged by 12 rather carried by 6.

                            It should be noted that any and all post that are made are based on my own thought and opinions. And are not related or implied to represent the department I work for.

                            Comment


                            • #15
                              Haha that was tongue in cheek. I'm yet to go to a loud out of control party where a poor sick person is stuck in the bedroom hooked up to life support.

                              Comment

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