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03-30-2011
And it says and I quote "The homeowner invited the deputy inside.". Now, my question is. If the homeowner answers the door and the officer steps inside, forcing the homeowner to take a step back (but without touching him) is that considered being "invited" inside?
03-31-2011
It's a law that can be stretched. Police are almost always right, and it'll be your word against theirs.Originally Posted by Confusingboat
Did he see something when the door was open that led to "probable cause" or reason?
03-31-2011
NO NO NO IF someone where to do that at my house you would be SHOT DEAD END OF STORY...
03-31-2011
this^^^ ?
03-31-2011
u would shoot and kill a cop?
03-31-2011
E-thug on I guess.
03-31-2011
If you don't verbally inform them that they ARE NOT welcome in your home, and they step inside with no contest from you, it would be VERY difficult for you to prove the officer wrong. That's why when the police show up on my doorstep, I step outside and lock the door behind me. That way, the only way they can get in is if I allow them in, not if they force their way in to try to pull one over on me.
03-31-2011
The officer was on the landing by the front door with no visibility as to what was going on upstairs. He probably could've smelled the booze though.
Next question. The second page of three that I received is what was supposed to be the page that tells me what I'm being charged with. I received somebody else's page 2. Can I petition for dismissal on the grounds of a clerical error?
03-31-2011
No not a cop lolu would shoot and kill a cop?
03-31-2011
There is a big difference between probable cause and reasonable suspicion.
What were the policed called for? What was the complaint?
You are talking about a minor child correct? Homeowner would not apply then because a minor cannot be a homeowner. Unless you are talking about you or another parent in which case you could say the officer forced entry. If that were the case he could have smelt booze and not had any probable cause to make entry because you are of age. Although if he smelt booze on a minor or you look young enough yourself so he perceived you to be a minor, he is well within his scope to make entry and ID the minor or young looking person.
There are a lot of factors that play into cases like this. Without knowing the whole story or seeing the police report it is hard to formulate a defense. I do know you will no get the case dropped because of a paperwork error. The attempt to notify you was still made. If you didn't ever get any paper work at all you would have a case for dismissal.
03-31-2011
There were no complaints made (we weren't loud at all or causing problems, just drinking in the living room), he simply stopped because there was a car parked in front of the house on the road which is in violation of the winter snow ordinance. He saw people in the house and shown his flashlight in the window but nobody came down. The homeowner is of age and blew a .000. Keep in mind that this was at 3:45am.
The main problem is that he should've just left a ticket on the car and been on his merry way.
03-31-2011
Was there snow on the ground? If the plows are running, and a car is parked in the street in violation of a snow ordinance, they are supposed to make contact and get the vehicle moved out of the street.
03-31-2011
No there was no snow on the road and the plows were not running.
03-31-2011
So...
Its not your house...
Its not your sibling...
Its not your car...
Are you being charged with? Contributing?
In that case, go to court, then find out your punishment and make the little bastard that snitched on you pay you back for the fine and/or days out of work, etc. and be done with it.
Originally Posted by W-Body Store
03-31-2011
I was at a party where we were all drinking. Everybody but two people was under 21. The thread title says I got a minor! LOL
03-31-2011
Your thread...like your name... is "confusing"
03-31-2011
Should of just crossed the River into WI. He probably would of asked for a beer. There has to be more to this story than we are being typed. I would call a lawyer since most on this site seem to not read this thread. Or at least any legal advice from this site would at the most be questionable.
03-31-2011
I thought you meant regarding your minor child like you had a kid who got in trouble. I would just chalk that one up to drinking underage man. I had 4 before I was 21. The fine is stiff but I can almost guarantee you won't win that case. Judges love to hand out examples.
03-31-2011
You broke the law, pay the fine deal with it, be a man.
04-01-2011
If your title said MIP that would make a lot more sense.
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