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From the person who posted and shoot the video-
So we were all at a party, having a good time, and this cop just busts in! He didn't announce himself, he didn't knock, he didn't present a warrant, and he didn't state what he was looking for. Then he called me a dickhead and threw my id on the ground.
I didn't get that part on camera, but i did get him ranting about how he hates having his authority questioned. Sorry, it's not great, but it's all I got.
So we were all at a party, having a good time, and this cop just busts in! He didn't announce himself, he didn't knock, he didn't present a warrant, and he didn't state what he was looking for. Then he called me a dickhead and threw my id on the ground.
I didn't get that part on camera, but i did get him ranting about how he hates having his authority questioned. Sorry, it's not great, but it's all I got.
I assume what happened is the cops got a call from some neighbors complaining about a loud party going on with possibly underage drinking.
Under that scenario the cop has no right to =enter= the private residence. He can knock on the door, tell the residents to turn the music down, but no more.
http://www.nolo.com/article.cfm/objectID/DED24689-ADA8-4785-887A0B4A19A694DE/104/143/127/ART/
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The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated; and no Warrants shall issue but upon probable cause, supported
by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
via: http://www.gpoaccess.gov/constitution/html/amdt4.html
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interesting read: http://www.commondreams.org/headlines06/0112-05.htm
there's also tons of this happening, where the judge rules that had the search been conducted lawfully, the evidence against them would have been found anyway. in my opinion, this is crap because they're still going around the "knock and announce" rule, and the ability of the homeowner to say "no, i do not wish you to come into my house/apartment." in that instance, the evidence would NOT been obtained, unless of course it's in plain sight, which allows the officer to obtain a warrant under probable cause.
Is a great video on how to hands these situations. I mean it was kind of done by stoners with law degrees, but its still very useful. Its about 45mins long, and the part concerning police entering your home is at the very ending.
If the cop suspected there was underage drinking going on or other illegal activities, he really didn't need a search warrant to enter.
The 4th amendment says this:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Bottom line, the cop may or may not have had probable cause....but it doesn't really matter. If an arrest were to be made, THEN it would be determined in court whither he had probable cause or not. If he didn't, the charges and such can be dropped. But the whole point is to hassle you until you stop what you're doing. Where are you going to go if the cop walks in? Call the cops? They will all say they had probable cause and back up their officer...then tell you that no one was arrested so why are they complaining blah blah blah. Really, what are you going to do if a cop walks in without a warrant? Warn him he better leave? Or what?
It's all fine and good to say that you know your rights, but your rights mean zero if all they want to do is hassle you. Good luck trying to prove it.
The 4th Amend doesn't apply.
If someone opened the door, and said, do you live here, and the person said "no", then he can walk in. It is in his best interest to find the "owner" or the person that lives there.
Looks like an underage party to me, and under probable cause, the cops can come in and id everyone.
End of story.
THe guy with the camera just sounds like a dumbass who decided to pick and choose what parts of the video to show.
Good job though, now everyone in the video can be charged with underage, plus the guy talking in the video holding the camera can be arrested for obstruction.
http://www.videosift.com/video/How-to-Avoid-Being-Arrested-By-the-Police-seriously-though-not-the-Chris-Rock-skit
The 4th Amend doesn't apply.
If someone opened the door, (...)
your arguement barely holds up IF that happened, but we don't know...
look again at the law...
The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated; and no Warrants shall issue but upon probable cause, supported
by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
you still need a warrant for probable cause. it's what enables you to procure a warrant.
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It's called "probable cause"....it gives the police great lee-way into what they can and can't do. For instance, if there were a crime being committed inside a private residence such as a murder or a rape or some other such crime, the police do NOT have to wait for a search warrant to enter.
See: http://research.lawyers.com/glossary/knock-and-announce-rule.html
Knock and announce rule
Definition - Noun
: a rule of criminal procedure requiring that police announce their authority and purpose before entering a premises in execution of a search or arrest warrant unless special circumstances (as risk of harm to the police) warrant unannounced or forcible entry
See also: http://research.lawyers.com/glossary/exigent-circumstances.html
Exigent circumstances
Definition - Noun
: circumstances that are of such urgency as to justify a warrantless entry, search, or seizure by police when a warrant would ordinarily be required
See also: http://research.lawyers.com/glossary/no-knock-search-warrant.html
No-knock search warrant
Definition
: a search warrant allowing law enforcement officers to enter premises without prior announcement in order to prevent destruction of evidence (as illegal drugs) or harm to the officers
underage drinking and/or noise ordinance issues hardly qualify for the above no-knock-warrant scenario.
if someone let him in though, their bad.
That would mean the door was opened.
And if it was slammed in his face, then he has a helluva right to suspect something is going on in there that people don't want the cops to see.
The cop was at no time behaving inappropriately.
you don't think as a public servant his attitude leaves something to be desired?
legal arguments aside, he's being a dick. being a dick in uniform is BAD.
Burger flippers get fired if they so much as frown at a customer, last time i checked.