05-05-2003 05:40									#1
	Cop thread Spin-off: Has the cop in this scenario done anything illegal? Got spare money?

According to this testimony, accepting it as 100% fact, has the officer broken a law?

quote: this july my neighbors had a small, friends only party...maybe 30 people. they were new neigbors so i went over and had a beer or two with them, just to be friendly but i wasn't drinking that night. also, they ran out of power outlets so i let them run an extension cord from my kitchen to their back yard. about 230, this cop rolls up and they all scatter. the cop sees the extension cord going to my kitchen, invites himself in and pulls me out of my room where i am sitting talking to a friend. he breath tests me and the 2 beers i had regesters a .000001 and slaps me with 600 dollars worth of fines which i am still making payments on.

	05-05-2003 05:44									#2
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I don't think so. This was a reasonable search because the cop sees the extension cord. That's probably illegal.

	05-05-2003 05:51									#3
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Im going to go ahead and assume that these were minors that were drinking.

I dont think he did anything wrong, if a bunch of people scatter when he rolls up then obviously someone is up to no good.

	05-05-2003 05:52									#4
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Well first off I guarantee it didn't go down that way so I can't accept this "testimony" as 100% fact.

	05-05-2003 05:55									#5
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i'm sure it didn't, but assume that it did.

Imran - why is an extention chord illegal? How is that a right to search his house or even enter it?

	05-05-2003 05:57									#6
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It didn't ever say what the fines were for.

So what were the fines for anyway?

	05-05-2003 06:00									#7
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under aged drinking is my guess

	05-05-2003 06:02									#8
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under aged drinking

	05-05-2003 06:03									#9
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In my opinion the police officer didn't do anything wrong.

Your friend sounds like a poser who is sore because he got caught.

	05-05-2003 06:05									#10
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he's not my friend, believe me

I agree completely. I was just wondering if there is a loophole here...if this police officer really did do something illegal.

	05-05-2003 06:06									#11
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this is my favourite part...

quote: they were new neigbors so i went over and had a beer or two with them, just to be friendly but i wasn't drinking that night.

	05-05-2003 06:09									#12
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Oh okay glad to see you aren't rolling with posers.

I think the officer had probable (sp?) cause to enter and search the place.

Also the guy said he "had 2 beers," so the breathalizer test score doesn't matter. Also I believe the presense of alchohol paraphanelia (empty cans, bongs, etc) counts against him.

	05-05-2003 06:09									#13
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quote: Originally posted by orange this is my favourite part...

I didn't catch that one...

	05-05-2003 06:11									#14
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so an extention chord running from his house to his neighbours house is probable cause to search his house?

	05-05-2003 06:12									#15
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You can get arrested for drinking in your own home with adults? Only in America...

	05-05-2003 06:13									#16
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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.

	05-05-2003 06:13									#17
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I don't even think the extension cord figures into the whole equation.

	05-05-2003 06:13									#18
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Yes, I remember, I've seen your screenshots... IM junkie.

	05-05-2003 06:14									#19
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so what does? What's the probable cause to go into his house?

	05-05-2003 06:16									#20
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quote: Yes, I remember, I've seen your screenshots... IM junkie.

hahah

	05-05-2003 06:17									#21
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Next time ask him for a warrant to enter your house. If he doesnt have one, refuse to do a breathalizer.

	05-05-2003 06:19									#22
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can't they take you in for that, though?

	05-05-2003 06:19									#23
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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.

	05-05-2003 06:20									#24
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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.

	05-05-2003 07:25									#25
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quote: about 230, this cop rolls up and they all scatter.

I'd consider that porbable cause

	05-05-2003 07:54									#26
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'they' all scatter, meaning he's already in his house talking to his friend

(again, just assume this is the case)

	05-05-2003 08:34									#27
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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.

	05-05-2003 09:35									#28
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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.

	05-05-2003 10:10									#29
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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.

	05-05-2003 11:28									#30
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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.