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  • Quick trespassing question.

    Can the police let themselves in your home? Like, open the front door, walk right in with no invitation or acknowledgment they were there? No warrant either.

    Just a quick question, the details will follow. Thanks [img]smile.gif[/img]
    <a href=\"http://dpo.rpaisley.com/displayfile.do?file_id=11856&size=ORIGINAL\" target=\"_blank\">05 GTO</a><br /><a href=\"http://dpo.rpaisley.com/displayfile.do?file_id=2825&size=ORIGINAL\" target=\"_blank\">97 W68</a><br /><a href=\"http://dpo.rpai

  • #2
    I don't believe so, unless there is probably cause.(crying baby, smell smoke, see a guy with a gun in teh window)

    from the sounds of it, get a lawyer [img]smile.gif[/img]
    -Eric<br /><a href=\"http://www.cardomain.com/id/mustangeater82\" target=\"_blank\">2000 NBM V6 Camaro 5-speed</a> T-top <i>converted</i><br /><b>14.467@95.45mph</b> <i>$0 in mods</i><br /><i>The member formerly known as MustangEater8251</i>

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    • #3
      BUT, if you are renting I blieve the owner of the place can let you in, or have a signed notice saying cops can go in when ever.
      -Eric<br /><a href=\"http://www.cardomain.com/id/mustangeater82\" target=\"_blank\">2000 NBM V6 Camaro 5-speed</a> T-top <i>converted</i><br /><b>14.467@95.45mph</b> <i>$0 in mods</i><br /><i>The member formerly known as MustangEater8251</i>

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      • #4
        What if they had a reason to believe there was under-age drinking. Is that enough probable cause to enter?

        The owner got right up in their faces and said, "Who invited you in my home? Who gave you permission to enter my house?" The cops got very defensive, said "Who are you anyway, their lawyer???". He said, "Yea, whats it make a difference to you?" They then turn around and left pretty quickly. Thats what leads me to believe they were in the wrong and they knew it. Or maybe they werent?

        By the way, they own the house.
        <a href=\"http://dpo.rpaisley.com/displayfile.do?file_id=11856&size=ORIGINAL\" target=\"_blank\">05 GTO</a><br /><a href=\"http://dpo.rpaisley.com/displayfile.do?file_id=2825&size=ORIGINAL\" target=\"_blank\">97 W68</a><br /><a href=\"http://dpo.rpai

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        • #5
          idk enough to seriously help, but i beleive that isn't legal. I'm under the impression that if the house is owned by the people living in it the police cannot enter without probable cause, warrant or permission/invitation. They can't just come right in and be like 'Hey, whats up? I'm taking your dog and searching the house'

          I mean, if someone said there was underage drinking, that doesn't mean that its going on. I can say that I saw my neighbors sacrificed a small child but that doesn't mean that they did it.

          /although, i could be wrong
          99 WS6
          13.25@104.97 - Lid + soon to be more other stock items ;D

          Originally posted by camaroextra
          tears are great lube, but its hard to get a girl to cry onto her own ***.

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          • #6
            They need probable cause to enter without a warrant. If they suspect underage drinking, they would have to see a young person holding a beer, ect. If they see no visable evidence, then they can't just walk in.
            <a href=\"http://pics.projectpredator.com/thumbnails.php?album=16\" target=\"_blank\">2003 Zinc Yellow Mustang GT</a> 1 of 701<br />ET : TBD<br />But our shenanigans are cheeky and fun! Yeah, and his shenanigans are cruel and tragic. Which... makes t

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            • #7
              if there was say a loud obnoxious party going on that could be heard outside and neighbors complained, then the police could knock on the door to investigate the complaint. Once the door is open and they see a underage kid holding a beer, they have probable cause to come in and break up the party.

              They cant just invite themselves in though if there is no appareant reason.

              How loud were you before they came in/ did anyone leave the house noticeably intixicated and underage?
              \'01 Mineral Grey SVT Cobra<br />-former F-body owner

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              • #8
                Not sure... did the cops file any charges against you at the time? If not I wouldn't really worry about it.

                For somethine like underage drinking you would get the citation right away, at least in my personal experience.

                BTW I have seen cops walk right in the front door of an apartment and break up a party and give out citations before.
                -Eric<br /><a href=\"http://www.cardomain.com/id/mustangeater82\" target=\"_blank\">2000 NBM V6 Camaro 5-speed</a> T-top <i>converted</i><br /><b>14.467@95.45mph</b> <i>$0 in mods</i><br /><i>The member formerly known as MustangEater8251</i>

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                • #9
                  Well, he lives upstairs, and no one was allowed outside, so they didn't see anyone holding any beers and they couldnt just look into the door and see anyone but stairs. We weren't loud because our closest neighbors told us they didn't hear us, or, it was not obnoxiously loud. They came on a noise complaint, not a tip of underage drinking. His front door wasn't locked, but was closed.

                  The problem is that my neighbors are such a-holes, that they have called the police on us before saying there was a large underage drinking party with lots of drugs on new years night. I had the police show up at my house as my g/f and I were locking up and leaving to go to a party. They run up on the porch asking me 100 questions and how many people im hiding inside. Im like, are you kidding? No one is here. So that goes to show you that my dumb neighbors are almost to the point we can claim harrasment for false claims.

                  It sucks. We cant file a grievance or anything because then the cops will be jerks and gun for us. We just gotta live with the fact they can do what they want because they can easily claim they saw an underage person drinking just to save their asses. :(
                  <a href=\"http://dpo.rpaisley.com/displayfile.do?file_id=11856&size=ORIGINAL\" target=\"_blank\">05 GTO</a><br /><a href=\"http://dpo.rpaisley.com/displayfile.do?file_id=2825&size=ORIGINAL\" target=\"_blank\">97 W68</a><br /><a href=\"http://dpo.rpai

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                  • #10
                    Originally posted by JusFlyinBy:
                    Can the police let themselves in your home? Like, open the front door, walk right in with no invitation or acknowledgment they were there? No warrant either.

                    Just a quick question, the details will follow. Thanks [img]smile.gif[/img]
                    Yes, Patriot Act.
                    Robert - owner www.FirebirdV6.com "Mid-life crisis? I'm way beyond that!"

                    1996 Black Firebird GTxxxRam Air V6 w/ M5xxxwww.FirebirdGT.com

                    Raven

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                    • #11
                      are you joking? please tell me your joking... :[

                      /not even going to start if your not joking
                      99 WS6
                      13.25@104.97 - Lid + soon to be more other stock items ;D

                      Originally posted by camaroextra
                      tears are great lube, but its hard to get a girl to cry onto her own ***.

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                      • #12
                        The Patriot Act applies to Federal investigators, not local police. Even then, the Investigators must have probable cause (but with less limited terms). In other words, they must suspect terrorism... they don't have to see evidence of it necessarily.

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                        • #13
                          Originally posted by FirebirdGT:
                          </font><blockquote>quote:</font><hr />Originally posted by JusFlyinBy:
                          Can the police let themselves in your home? Like, open the front door, walk right in with no invitation or acknowledgment they were there? No warrant either.

                          Just a quick question, the details will follow. Thanks [img]smile.gif[/img]
                          Yes, Patriot Act. </font>[/QUOTE]They came on a noise complaint.
                          <a href=\"http://dpo.rpaisley.com/displayfile.do?file_id=11856&size=ORIGINAL\" target=\"_blank\">05 GTO</a><br /><a href=\"http://dpo.rpaisley.com/displayfile.do?file_id=2825&size=ORIGINAL\" target=\"_blank\">97 W68</a><br /><a href=\"http://dpo.rpai

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                          • #14
                            Originally posted by JusFlyinBy:
                            </font><blockquote>quote:</font><hr />Originally posted by FirebirdGT:
                            </font><blockquote>quote:</font><hr />Originally posted by JusFlyinBy:
                            Can the police let themselves in your home? Like, open the front door, walk right in with no invitation or acknowledgment they were there? No warrant either.

                            Just a quick question, the details will follow. Thanks [img]smile.gif[/img]
                            Yes, Patriot Act. </font>[/QUOTE]They came on a noise complaint. </font>[/QUOTE]did they knock and someone open the door for them, or did they let themselves in? If there were no charges placed, I wouldnt do anything, no point in making your future any harrder with the law than possible..... If there were, then I would push it.
                            \'01 Mineral Grey SVT Cobra<br />-former F-body owner

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                            • #15
                              Originally posted by shock_core:
                              are you joking? please tell me your joking... :[

                              /not even going to start if your not joking
                              No, this is why there is much debate in Congress about the renewal of the Act.

                              The Uniting and Strengthening America By Providing Appropriate Tools Required To Intercept and Obstruct Terrorism (H.R. 3162, the "USA PATRIOT Act") allows law enforcement agencies to delay giving notice when they conduct a search. This means that the government could enter a house, apartment or office with a search warrant when the occupant was away, search through they property and take photographs, and in some cases seize physical property and electronic communications, and not tell them until later.

                              This has been called "Sneak and Peek".
                              Robert - owner www.FirebirdV6.com "Mid-life crisis? I'm way beyond that!"

                              1996 Black Firebird GTxxxRam Air V6 w/ M5xxxwww.FirebirdGT.com

                              Raven

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