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What Conduct Can Get You Arrested Inside Your Own Home

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  • 09-21-2013, 01:00 AM
    TheShaun
    What Conduct Can Get You Arrested Inside Your Own Home
    My question involves civil rights in the State of: North Carolina
    where can i find a list of all laws that have to do with the rights of a person while inside their own home? i tried finding one but i cant find a list of only laws in this specific area. like i know you can be arrested for vulgar language in public if a cop hears you, but you can cuss all you want inside your own home. But can you cuss while inside your house and a cop hear you from your porch and be arrested for it? just cussing, not screaming or cussing at a person. also a cop can arrest you for giving him an attitude in public and call it disorderly in public, but can you get an attitude with a cop if you are inside your own home? not insulting them, just being cocky and sarcastic. any information that pertains to areas like this is what i am looking for. my apologies if i have asked this in the wrong section
  • 09-21-2013, 01:08 AM
    cdwjava
    Re: What Are the Rights of a Private Residence
    Quote:

    Quoting TheShaun
    View Post
    My question involves civil rights in the State of: North Carolina
    where can i find a list of all laws that have to do with the rights of a person while inside their own home?

    I am sure your state's statutes are on-line. You can start reading there.

    Quote:

    like i know you can be arrested for vulgar language in public if a cop hears you, but you can cuss all you want inside your own home. But can you cuss while inside your house and a cop hear you from your porch and be arrested for it?
    For cussing? Probably not. But, if your actions are disturbing the peace of others, it might be a criminal offense. So, if you really must curse inside your home, you might want to keep it from escaping the confines of your walls.

    Quote:

    also a cop can arrest you for giving him an attitude in public and call it disorderly in public, but can you get an attitude with a cop if you are inside your own home?
    The devil is in the details. If your actions can be shown to have been disorderly or criminal in some way, sure. if merely expressing your opinion in a rude and obnoxious manner, that should not - by itself - be a criminal act. Being an uncouth lout is not a crime - it would merely be a condition to pity.
  • 09-21-2013, 01:17 AM
    TheShaun
    Re: What Are the Rights of a Private Residence
    I ask because one time i had to call the law on my roommate that was drunk and tried to beat up my other roommate. while the cops were there the roommate's sister tried to lie for him to keep him from going to jail. i told her to shut up or get the hell out and the cop acted like he could do something to me for speaking that way. i wasn't sure if he actually could so i kept my mouth shut. but what i wanted to do was tell the cop that he could just shut up too and do his job like i called him there to do. could the cop have arrested me for that?
  • 09-21-2013, 01:33 AM
    cdwjava
    Re: What Are the Rights of a Private Residence
    Quote:

    Quoting TheShaun
    View Post
    I ask because one time i had to call the law on my roommate that was drunk and tried to beat up my other roommate.

    Okay, so there was an assault (and/or battery) taking place.

    Quote:

    while the cops were there the roommate's sister tried to lie for him to keep him from going to jail.
    That can be a crime, too. Never a good idea.

    Quote:

    i told her to shut up or get the hell out and the cop acted like he could do something to me for speaking that way. i wasn't sure if he actually could so i kept my mouth shut.
    If you are somehow interfering with them doing their job, or intimidating a potential witness, yeah - something can be done about it. You could always simply tell the officer that she was lying and trying to cover for her brother.

    Quote:

    but what i wanted to do was tell the cop that he could just shut up too and do his job like i called him there to do. could the cop have arrested me for that?
    Maybe. He might also ask you to leave the room until he's ready to talk to you as a witness. If your actions keep him from doing his job, you can be arrested. Even if he doesn't arrest you, THAT kind of attitude would certainly not get an end result you would care for. That's the kind of 'tude that might get the officer to say, "Okay, I'm done here. See ya!"

    Understand that HE is in control of the scene, not you. HE has a right to take charge of the scene to conduct the investigation as he sees fit, and that can include controlling who can speak and when. We do not need people jacking each other up, lipping off, making threats, or anything else. Had you told me that, I wouldn't have arrested you, but I WOULD have told you to either shut your mouth or leave the room. If you didn't, THEN I might consider an arrest or detention just to get you out of the way so I could finish the job you called me for.
  • 09-21-2013, 02:00 AM
    TheShaun
    Re: What Are the Rights of a Private Residence
    so then would it be legal for me at that time to tell him he can get out immediately if he didnt have a warrant and take his investigation to the front yard? that would still allow him to do his investigation and question everyone cause they would all be outside with him and i would allow him to question me through the screen door from out on the porch. i know you'll say i couldnt make the roommate go but if i told him i would have the landlord kick him out, he would do as i said. he wouldnt when he was hyped up and ready to fight but he was calm by time the cops got there and would have listened then. keep in mind i also had a camera recording everything because the cops here are known for being corrupt. btw everyone was already outside and the cop stepped inside my house without permission to intimidate me when i told the sister to stop lying
  • 09-21-2013, 02:15 AM
    cdwjava
    Re: What Are the Rights of a Private Residence
    Quote:

    Quoting TheShaun
    View Post
    so then would it be legal for me at that time to tell him he can get out immediately if he didnt have a warrant and take his investigation to the front yard?

    I suppose ... though your friend who was attacked might object. But, if there was still a victim inside the house and he had a lawful reason to remain in order to keep the peace it's likely he wouldn't go right away.

    Plus, if the ROOMMATE wanted the officer to say there is nothing you can do about it.

    Once again, you don't get to control HIS investigation.

    Quote:

    that would still allow him to do his investigation and question everyone cause they would all be outside with him and i would allow him to question me through the screen door from out on the porch.
    Or, he might not question you at all.

    I don't interview witnesses through a screen door. If he wanted to, that's fine, but he doesn't have to. If you do not want to talk to him face to face, that would be your choice.

    Quote:

    i know you'll say i couldnt make the roommate go but if i told him i would have the landlord kick him out, he would do as i said.
    Why would the landlord kick a tenant out for speaking to the police about an assault??? The landlord would have a hard time supporting THAT as good cause for an eviction in court.

    Quote:

    keep in mind i also had a camera recording everything because the cops here are known for being corrupt.
    Okaaaaay ...

    Quote:

    btw everyone was already outside and the cop stepped inside my house without permission to intimidate me when i told the sister to stop lying
    Okay.

    Like I said, I'd tell you to knock it off, too. We don't like people butting in when we are talking to people ... and, it can be a crime. You could easily have told the officer later that the sister was lying without cursing and yelling at her.
  • 09-21-2013, 03:07 AM
    TheShaun
    Re: What Are the Rights of a Private Residence
    after the drunk roommate had calmed down, he would have done anything i told him. i have information against him that he would do anything i said to keep under wraps. the threat to involve the landlord would have just been a way to remind him about my control over him without letting the cop know that it was really info that i held over him(info wasnt the cop's business cause it is nothing illegal but is very personal). the roommate the he attempted to go after would have sided with me as well due to our close connection. basically all residents would have supported my decisions at that time. the camera would have been helpful in case the cop decided to get a warrant just to be allowed to tear up my house legally just because i got an attitude back with him. it would prove he had no cause for a warrant and just wanted it due to my forcing him outside. the only reason i even wanted to say anything back to the cop at all is because he was extremely mean and rude to everyone the entire time he was there. i can understand he was upset at being sent out there at 1am again for the exact same thing but i broke no law(just like the other times) so he didnt need to try his intimidation tactic with me. every time the cops were called it was the same roommate doing the same thing. so he knew the roommate was getting violent and that the sister was lying.
  • 09-21-2013, 03:22 AM
    cdwjava
    Re: What Are the Rights of a Private Residence
    All fine and dandy, and we can "what if ..." things all day.

    If your roommate keeps having troubles and you want him out, and you have the kind of power you claim, then get rid of him.

    From what you've posted here it sounds very much like there are other issues in play here, not the least of which might be some sort of desire on your part to control those around you. You may have to learn that not everyone will jump when you bark - least of all, not the cops.

    Next time, don't call the cops if you don't want them nosing about and telling people what to do. Once they are called, they do get a good deal of authority to control a situation for as long as necessary and that MAY mean staying in your space until THEY are finished and choose to go.
  • 09-21-2013, 03:44 AM
    TheShaun
    Re: What Are the Rights of a Private Residence
    my urge to control only has to do with when people mistreat me. it's my way of showing them i will protect myself no matter who they are. the other roommate and i made him quit drinking so it's not an issue anymore. i just wanted to know that i could get away with verbally defending myself. i didnt want to prevent or slow him down at his job, i just wanted to annoy him like he did me. btw i don't dislike all cops, just the ones that are mean even to the innocent people. my 2nd favorite dream job ever since i was a kid was something in law enforcement. i kinda have a hero complex and love to protect and help the innocent. but anyway, ty for assisting me with acquiring the information i was seeking.
  • 09-21-2013, 04:24 AM
    cdwjava
    Re: What Are the Rights of a Private Residence
    If you ever hope to pass the psych. in order to become a police officer, you'll want to tone down the controlling and retributive nature of your personality, if you can. And those that have a "hero complex" are also often unsuited - emotionally and psychologically - for the job.

    And, while you may see an officer barking at someone to shut up as being mean, he might see it as a legitimate effort to control a situation. There can only be one person in charge at any scene, and if the officer is worth his salt, it's going to be the officer. Sometimes the best way to take that control is to be harsh. It may not be PC, and it may not be pleasant, but if it works then so be it.

    I recently went to a call where I knew the parties involved and the history surrounding the situation. I responded with a rookie officer and he was unaware of the parties involved or the dynamic between them. When the officer was talking to a young girl and the girl started to make some mean comments about another family member, mom interjected telling the girl to tell the truth. The boot officer barked at mom and told her to please be quiet until he was done talking to the girl. Mom got upset and walked away and I followed.

    Now, after talking with the boot officer, he explained that he was trying to maintain control and to prevent mom and daughter from breaking into an altercation once again, so his goal was to keep only one party at a time talking. While I could have handled it differently because I have a history with all the parties involved, this young officer did not. he took control as best he could under the circumstances and it worked. Yes, mom was "hurt" for a bit, but better she have a bruised ego than the officer have to arrest one or both of them for continuing to engage in an argument that might have led to something worse. At my suggestion the young officer later went to explain things to mom and to apologize for being short. Fortunately, mom was a "friendly" so she understood in retrospect that the officer did what was needed at the time.

    So, to translate it your case, what you think the officer might have known or perceived may not be what he knew or perceived. The officer was attempting to get a statement and sort out what happened, and you were interjecting yourself rudely into the conversation. In many states (mine included) that can be a crime. He took action to shut you up. You took offense, sure, but, it seemed to have had the effect he hoped for and he got what he needed.

    Police work and the control it entails may not always be pretty, but it can be necessary. better to apologize and explain later than have to struggle, fight, and take someone to jail now because of a failure to take control at the outset. I'd rather have four unhappy people than one injured and two going to jail for something that flared up after I was already on scene. Plus, I cannot possibly talk - or listen - over people yelling. And when emotions get inflamed, conversation ends.
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