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-   -   can cops let themself in and arrest people? (https://gfy.com/showthread.php?t=824509)

ztik 04-26-2008 10:39 AM

can cops let themself in and arrest people?
 
This is a video of last night. The cops let them self in the house and arrest people after everyone told them to leave. Yeah we were drunk and stupid, but do you guys think they can generally do this?

This video was after they grabbed the guy who answered the door and pulled him outside by his shirt and arrested him.

The cop at the end is coming up to me to arrest me. He arrested me for resisting arrest.

https://youtube.com/watch?v=HFl-YN26kw8

Also, this was on a noise complaint.

Jens Van Assterdam 04-26-2008 10:43 AM

wait a min.. they just stepped into your house without ANY reason and started to arrest one after another? LOL.. welcome to america i guess :)

Jon Clark - BANNED FOR LIFE 04-26-2008 10:51 AM

That is not good mang... Not good at all!

dready 04-26-2008 10:55 AM

I think they have to have really good probable cause that a crime is being committed inside.

marketsmart 04-26-2008 10:58 AM

they figure you wont go to court.. spend the money, get a good attorney and fuck them in the ass...

DBS.US 04-26-2008 10:59 AM

The guy who shot that video should have been arrested for producing such crap:disgust

ztik 04-26-2008 11:02 AM

Quote:

Originally Posted by DBS.US (Post 14115332)
The guy who shot that video should have been arrested for producing such crap:disgust

Lol it was me and I DID get arrested. But not for producing crap :(

candyflip 04-26-2008 11:04 AM

Any decent lawyer should be able to get most of the charges dropped.

baddog 04-26-2008 11:14 AM

Obviously they can, Whether it will hold up is another thing altogether.

I would love to read the police report. They are usually quite entertaining.

AsianDivaGirlsWebDude 04-26-2008 11:19 AM

Quote:

Originally Posted by ztik (Post 14115337)
Lol it was me and I DID get arrested. But not for producing crap :(

What was the charge against you?

Personally it seems like you guys were pretty under control, however if the police are called in on a complaint of a loud party, I'm pretty sure that they can shut down the party and ask people that don't live there to leave.

Several parties I was at during college ended abruptly that way... :upsidedow

Someone made a good point though - the cops are telling people to leave that have been drinking. Wouldn't it be better to have them sleep it off inside the house before driving?

In my case, since I lived right by campus, I walked to most of the parties anyway.

I wonder what if any liability the police would have if they ordered a person to leave that was drunk, and then that person got into an accident and hurt themself/others...

ADG

ztik 04-26-2008 11:27 AM

Quote:

Originally Posted by AsianDivaGirlsWebDude (Post 14115356)
What was the charge against you?

Personally it seems like you guys were pretty under control, however if the police are called in on a complaint of a loud party, I'm pretty sure that they can shut down the party and ask people that don't live there to leave.

Several parties I was at during college ended abruptly that way... :upsidedow

Someone made a good point though - the cops are telling people to leave that have been drinking. Wouldn't it be better to have them sleep it off inside the house before driving?

In my case, since I lived right by campus, I walked to most of the parties anyway.

I wonder what if any liability the police would have if they ordered a person to leave that was drunk, and then that person got into an accident and hurt themself/others...

ADG


He told us to get in our cars and drive home. It sounded like instant DUI's to us so no one was willing.

I was arrested for "resisting arrest".

Later they added "inmate of a disorderly house", that one does seam valid to me. Pending the disorderly house charges stands. Obviously it was added on in an attempt to cover their asses.

My issue is them letting them self in the house. Them grabbing the guy who answers the door and pulling him outside. Pretty fucked up.

scottybuzz 04-26-2008 11:43 AM

don't you need a warrent to enter someones house, or is that only in england? or is that too search? i have no idea

IllTestYourGirls 04-26-2008 11:59 AM

So they arrested you for resisting arrest... then tacked some bullshit on? man I love our freedoms.

Why were they there? And no they can not do this without a warrant or really good probable cause like someone is dying.

Quote:

Originally Posted by ztik (Post 14115368)
He told us to get in our cars and drive home. It sounded like instant DUI's to us so no one was willing.

I was arrested for "resisting arrest".

Later they added "inmate of a disorderly house", that one does seam valid to me. Pending the disorderly house charges stands. Obviously it was added on in an attempt to cover their asses.

My issue is them letting them self in the house. Them grabbing the guy who answers the door and pulling him outside. Pretty fucked up.


Sansa 04-26-2008 12:01 PM

Quote:

Originally Posted by ztik (Post 14115368)
My issue is them letting them self in the house. Them grabbing the guy who answers the door and pulling him outside. Pretty fucked up.

I've seen that happen before. By pulling the guy out they essentially have an open door and by looking inside they can come up with a good reason to come in. The proper course of action in this situation, especially there's some "suspicious activity" going on inside the hows is as follows:

1. You get someone to "go outside to talk to the cops"
2. Have someone ready to slam the door and lock it behind the guy ASAP so the cops cant barge in.
3. Allow the guy back in only after the cops leave.

If you have a back/side door use that to come out and talk to the cops. Catches them offguard a little.

Makaveli 04-26-2008 12:08 PM

Of course they can. You live in a Police State. Welcome to the new world order.

AsianDivaGirlsWebDude 04-26-2008 12:21 PM

Be happy that they didn't shoot 50 rounds at you guys... :upsidedow

You might want to read this:

A Lincoln Police Department General Order Regarding Party Complaints

Quote:

F. Officers will be able to enter a residence without
a warrant only when:

1. Invited in by a resident or host. This
includes officers knocking on the door and
being told to come in, or officers getting into
the party by paying a fee at the door. Once
legally inside the residence, officers can take
enforcement action on any violations they
observe. Officers may also request that they
be allowed entrance into the residence.

2. Exigent circumstances exist, (there is a clear
and present threat to life and limb, or a
serious felony offense is occurring in the
officers' presence.) Observing minors
drinking or the use of a controlled substance
would not give officers authority to enter a
residence without a warrant
Hmm...I would get a lawyer - you may be able to get the charges dropped. :2 cents:

ADG

pr0 04-26-2008 12:38 PM

take the video to court.......the cop lost his cool

you've got a case for harassment, false arrest, all kinda shit

consult with a lawyer first thing Monday morning

also tell your friend not to post bail, or sign himself out until he gets the lawyer

no signatures on shit!

CurrentlySober 04-26-2008 12:40 PM

Vid not showing for me

pornguy 04-26-2008 01:03 PM

Quote:

Originally Posted by dready (Post 14115320)
I think they have to have really good probable cause that a crime is being committed inside.

And the Crime will have to be much more than just the loud music.

Get your self an attorney, and sue them.

ztik 04-26-2008 01:17 PM

Quote:

Originally Posted by pornguy (Post 14115520)
And the Crime will have to be much more than just the loud music.

Get your self an attorney, and sue them.


Yeah according to that pdf it says it has to be a felony. Even using controlled subtances or minors drinking will NOT allow them to come in.

Going to contact a lawyer on monday and should at very least get the charges dropped

pocketkangaroo 04-26-2008 01:18 PM

They can do whatever they want. The put 50 bullets into an unarmed man in NY awhile ago and got off scott free.

payd2purv 04-26-2008 01:22 PM

Talk to a good lawyer. Cops are scumbags who will do and say whatever they want. They get caught up in the moment.

I love living in Canada with parents who went to highschool / univ with the oldschool top local lawyers.

lickmymonster 04-26-2008 01:43 PM

you only have rights in court. Until then they do what they want. Get a lawyer. I bet they will drop the charges so they won't have to lie in court.

thumbsdepot 04-26-2008 02:32 PM

Quote:

Originally Posted by lickmymonster (Post 14115603)
you only have rights in court....

Wrong!!! You had your rights the day you took your first breath maybe even before then.

http://www.flexyourrights.org

farkedup 04-26-2008 03:09 PM

you mean you didn't know we gave up every last one of our civil rights for the sake of homeland security?

We have absolutely no rights anymore. I had my ass absolutely kicked by a cop, head bashed into a wall AND tazed all right after opening the door for a cop he immediately rushed in and got hit with the felony version of resisting arrest which was plead down.

I couldn't do shit because when it comes down to my word vs 1 or 2 cops guess who wins every time?

Fact is you don't have what happened before on camera and what was actually seen you can't do shit. DA should obviously not want to bother with that BS but you have to remember in court what a cop says/writes in a report is damn near impossible to reverse.

AlienQ - BANNED FOR LIFE 04-26-2008 03:45 PM

Get an attorney.
Might be able to file on the county for the police assaulting the people arrested.

Forcefully pulling people out the door to arrest them is not within the law.

Ya could have thier badges.
The video footage covers it all as proof.

stfucash_edd 04-26-2008 03:53 PM

That's disturbing and appalling. Handle your shit, take 'em to court!

stfucash_edd 04-26-2008 04:24 PM

Quote:

Originally Posted by Jesus H Christ (Post 14115920)
Been there done that and have the shirt. Every second Saturday in the summer months I would have a midnight BBQ for my friends. I live right on the city line but technically I am in the county and my house sits back an easy 75 feet from the street. Anyway, one night the City cops show up and let themselves through 2 gates and kicked the second open with a padlock. So around 1:30 am I see 3 city cops in my backyard and I am thinking how'd the fuck did they get passed my locked gate? And why are City cops here?

Two months before I installed cameras and motion alarms because an idiot stole my new lawnmower out of my shed. I thank my wife for nagging me for weeks to hook up the cameras to the VCR because this saved my ass and $1,000's in court/lawyer fees.

I've never been a fan of cops due to being a son of cop and know most cops are fucking broken. So I politely asked him what the problem was? The cop ignored me and started to collect id's. I was like wait, why are you on my property? He told me to shut up and sit down or I'll be arrested. I said fuck this I am calling the sheriffs because this is county property NOT city. ZAP that's a tasering and I was soon cuffed and on the floor. Please believe me you'll do whatever they ask when tasered.

The sheriffs show up as they were walking me to the city cop car. I hear the cop trying to pawn me off on the sheriffs and they wanted nothing to with it. The cop was trying to cover his ass because when I went down from the taser I clipped a chair an my eye was swollen closed. At the station I get my police report with 12 different charges from public intox to resisting arrest and assault on a police officer ETC. My bond was $20k.

Two months later at my 1st hearing the city is already trying to cut a deal on the charges. A sign they have a weak case so I declined all. Then a month later at the pretrial hearing they were trying to scare me telling me they are going for a 4 year sentence or take 30 days in jail and all felony charges will be dropped. Nope. My attorney then sends discovery for trial and included was the tape of a cop kicking open a locked gate. BINGO!

Then the city offers me a public intox charge and a $150 fine. Nope. We go to trial and the cop does not show up so they move to dismiss the case. Nope. I told my attorney to file a motion for another hearing when the cop is available. The City attorney then drops all charges. 30 days later I file a suit with the City, the cop, and his union. Still in limbo with this.

The moral of this story is get good legal advice and don't back down with deal IF you are in the right. It is a long drawn out process and most people say fuck it and cave. If you don't have the scratch for an attorney bring your tape to the local ACLU. :2 cents:

Very nicely done, Jesus. Good luck with your case!

munki 04-26-2008 04:33 PM

Still lil unclear about what happened with first guy, but whole situation looks pretty fucked from the tape

LeRoy 04-26-2008 04:41 PM

They can even knock the door down and arrest your whole family too

Ron Bennett 04-26-2008 06:30 PM

Quote:

Originally Posted by D2222 (Post 14115965)
They can even knock the door down and arrest your whole family too

Yep. And sometimes they take all the children away too, based on a hoax call, but I digress.

Quote:

Originally Posted by Sansa (Post 14115418)
I've seen that happen before. By pulling the guy out they essentially have an open door and by looking inside they can come up with a good reason to come in. The proper course of action in this situation, especially there's some "suspicious activity" going on inside the hows is as follows:

1. You get someone to "go outside to talk to the cops"
2. Have someone ready to slam the door and lock it behind the guy ASAP so the cops cant barge in.
3. Allow the guy back in only after the cops leave.

If you have a back/side door use that to come out and talk to the cops. Catches them offguard a little.

You have the right idea, but sending a person out is risky. Furthermore, opening the door for any reason is practically an open invitation for them to force their way in, as many are trained to do...

A better approach is to chain the door beforehand, and then open it a crack to talk with the officer. Simple as that.

Don't let them in for any reason, but on the other hand try to assist them in solving the problem - ie. if they're out there for a noise complaint, turn the volume down / end the party; call it a night.

Ron

AdultMovies.bz 04-26-2008 06:32 PM

Becoming a norm now that your consitution and bill of rights are on par with toilet paper...

smoke 04-26-2008 08:51 PM

It really doesn't matter what you believe or the fact that you have video, that is number one. They entered on probable cause. Probable cause is when there is a complaint and the police have seen enough evidence to justify the complaint, or have seen enough evidence for further investigation. So if you and your friends were drinking, a neighbor called police lets say and the cop that knocked on the door saw anything to support the call to police he had the right to enter the house. That is the bottom line. If the police got out of line, lets say they got violent with you guys then that is something else. But just entering the house, they were following the law and trying to prove otherwise will cost you more than its worth. Believe me when I tell you, don't fuck with the police, they have judges, DA's and all kinds of shit that will back them up to avoid suit if need be.

I've had my fair share of run ins with these bastards from growing up in the city. And let me tell you, its more trouble than its worth. They all stick together and unless you have an obscene amount of money to make a political mess out of this its better to walk away.

mattz 04-26-2008 09:00 PM

Quote:

Originally Posted by AsianDivaGirlsWebDude (Post 14115356)
What was the charge against you?

Personally it seems like you guys were pretty under control, however if the police are called in on a complaint of a loud party, I'm pretty sure that they can shut down the party and ask people that don't live there to leave.

Several parties I was at during college ended abruptly that way... :upsidedow

Someone made a good point though - the cops are telling people to leave that have been drinking. Wouldn't it be better to have them sleep it off inside the house before driving?

In my case, since I lived right by campus, I walked to most of the parties anyway.

I wonder what if any liability the police would have if they ordered a person to leave that was drunk, and then that person got into an accident and hurt themself/others...

ADG

you're 100% wrong, a cop cannot step one foot inside your house without permission or a warrent... doesn't matter if they think a crime was commited or not, they still cannot come inside

looks like no one in the video told him to get out though

if you take that video to court all charges will be dropped

mattz 04-26-2008 09:01 PM

Quote:

Originally Posted by smoke (Post 14116477)
It really doesn't matter what you believe or the fact that you have video, that is number one. They entered on probable cause. Probable cause is when there is a complaint and the police have seen enough evidence to justify the complaint, or have seen enough evidence for further investigation. So if you and your friends were drinking, a neighbor called police lets say and the cop that knocked on the door saw anything to support the call to police he had the right to enter the house. That is the bottom line. If the police got out of line, lets say they got violent with you guys then that is something else. But just entering the house, they were following the law and trying to prove otherwise will cost you more than its worth. Believe me when I tell you, don't fuck with the police, they have judges, DA's and all kinds of shit that will back them up to avoid suit if need be.

I've had my fair share of run ins with these bastards from growing up in the city. And let me tell you, its more trouble than its worth. They all stick together and unless you have an obscene amount of money to make a political mess out of this its better to walk away.


you're wrong idiot

smoke 04-26-2008 09:08 PM

Quote:

Originally Posted by mattz (Post 14116481)
you're wrong idiot

You should have been a lawyer then! My answer was frank. I don't know where you are from or what your experiences have been but I can tell you from growing up in Daly City that cops are bastards. And it doesn't matter what your believe, at the end of the day it will all be bullshit and a waste of time. If you have money then that is great, but if this guy had money he wouldn't be posting on gfy. He'd already have his lawyer on their ass. It can go either way, it just depends on how far you're willing to take it and that in it self depends on how much money you're willing to fork out.

Sosa 04-26-2008 09:47 PM

fuck the lincoln police

tony286 04-26-2008 10:02 PM

I would talk to a lawyer.

JDog 04-26-2008 11:09 PM

I'd say get a lawyer, because they need to be invited in or they need to feel that lives are in danger at some point. Like somebody had a heart attack and nobody is opening the door. They can freely enter. Like a few months ago I had a friends soon to be ex wife crashing on my couch. She called a crisis line and said she wanted to die or what not and so they called the cops and once the door was open they were inside.

I didn't invite them in, but then again i wanted them to haul her off! :1orglaugh And I was very polite with them mentioned that I all my "deadly" weapons were in the living room (basically nice swords) and they joked around. Now I hate most cops, and hate their attitudes but put up with these two for the fact they were taking a problem off my hand.

But totally get a attorney and see about getting EVERYTHING dropped.

JDog 04-26-2008 11:25 PM

Quote:

Originally Posted by mattz (Post 14116480)
looks like no one in the video told him to get out though

Actually within the first 15 seconds it was said :)

ztik 04-27-2008 02:20 PM

Quote:

Originally Posted by JDog (Post 14116696)
Actually within the first 15 seconds it was said :)

Yeah, we pretty much started arguing with him because he refused to get out.

The first guy was arrested when he answered the door. They told him to open the screen door and step outside and he refused. The cop then opened the door and pulled him out and cuffed him.

Alky 04-27-2008 02:26 PM

I know in some cities police can enter a house if the have suspicion underage drinking is going on.

dig420 04-27-2008 02:47 PM

they can enter the house if they have any solid reason to believe a crime is in commission. Legally.

Alky 04-27-2008 02:48 PM

No offense... I just watched the video. the video didn't show much except for the cop telling everyone to leave. People didn't comply and on top of that, people were cursing at the police. fuck this fuck that will not go over very well with them and especially when they know drinking is going on. as soon as he started to arrest the one guy, you made a crowd around the cop, and even someone was holding a guy back.

Now if you had left... they probably would have got you for a public intoxication...


Another thing:
http://www.google.com/search?q=linco...ient=firefox-a

first link for me is about Lincoln cracking down on underage drinking, their "party patrol", it even goes into plain clothes officers go to parties and bust for underage drinking or selling cups to get into them.

So obviously it doesn't have to be a felony as you said for the police to come in.

stev0 04-27-2008 04:16 PM

Quote:

Originally Posted by ztik (Post 14115281)
Also, this was on a noise complaint.

So a crime was committed... maybe next time your friends should try complying with the officers instead of being douche bags and yelling at them? Your video certainly isn't going to help your case.

http://en.wikipedia.org/wiki/Disturbing_the_peace
http://en.wikipedia.org/wiki/Disorderly_conduct


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