Cop thread Spin-off: Has the cop in this scenario done anything illegal?

[orange]

if you're under 21, yeah.

oh, about the away, i'm typing up an essay as I'm posting. Don't wanna come off the away though, because I'll get flooded with IMs.

[Ted Striker]

I don't even think the extension cord figures into the whole equation.

[*End Is Forever*]

Yes, I remember, I've seen your screenshots... IM junkie.

[orange]

so what does? What's the probable cause to go into his house?

[orange]

Yes, I remember, I've seen your screenshots... IM junkie.

hahah

[Lawrence of Arabia]

Next time ask him for a warrant to enter your house. If he doesnt have one, refuse to do a breathalizer.

[orange]

can't they take you in for that, though?

[Ted Striker]

My guess is that the door or window was open where he could see what was going on or there were beer cans laying around.

Rethinking it the extension cord probably did tip him off. The action seemed to be at the other place and the poser in question was more than happy to join the festivities.

[*End Is Forever*]

Do you need a warrant in the US? Or can the police just wander in as they choose?

Personally I'd have thought that they'd have better things to do than chase up teenagers for having a couple of beers with their neighbours. Oh well.

[Space05us]

about 230, this cop rolls up and they all scatter.

I'd consider that porbable cause

[orange]

'they' all scatter, meaning he's already in his house talking to his friend

(again, just assume this is the case)

[Space05us]

I would say the cop had probable cause, but I dont really know the law that well. Correct me if Im wrong but I think probable cause differs from state ot state as well.

[Ming]

No way do they have the right to enter your home. At the front door, tell them you were doing your neighbor a favor... and tell them if they want to come in, they better come back with a warrent.

For inviting himself into the house, he broke the law. There WAS NO PROBABLE cause for him to enter. And to give breath test was even a bigger violation.
(and for that low amount, you should have told him you used a mouthwash... wouldn't stand up in a court of law)

Unless there were beer cans in your lawn... or on your porch... Or somebody in your home was making loud noises like they were in danger... there was NO reason for the cop to enter your home.

You should have fought the fines in court. The cop doesn't have a leg to stand on IF you are telling the truth... and the FULL story.

[orange]

thanks Ming

I realize that it's a leap of faith to go on his story (when it's riddled with contradicitions) but assuming it is, what you posted sounds like the right answer to me...especially about the breathalizer.

[Donegeal]

In my opinion, based solely on the limited report offered, the officer in question did have probable cause to search the house.

The extension cord coming from the house combined with the scattering of the guests indicates that the owner or tennents of that house were contributing to the delinquency of minors. Now based on the given report, a PBT was uncalled for. Additionally, I am not aware if the citation was a state or a municipal charge (or which state or municipality it occured in). In either case, $600 sounds kinda steap unless it wasn't the first time he had been charged with this offense.