Underage Citation, Sketchy Search Warrant

My question involves criminal law for the state of: Underage Drinking, and a Search Warrant.

I was at a party this past weekend. Yes, I drank, I know I shouldn't have. I'm usually a very responsible person, but I wasn't this day.

So. After the police knocked on my door (during this time all blinds were closed), all of the underagers went into the back bedroom, and locked themselves in...while those who are above 21 and the home owner, who was 20, stayed outside.

The police repetitively knocked on the door, but with no answer. They then knocked on the sliding glass door, but no one answered. At this point, they opened the sliding glass door themselves, and moved the blinds when they saw all of the above 21 kids. The home owner approached after the police could see inside, and told them that everyone is above 21. The police asked for ID, and everyone was let off the hook, except for the home owner, who was detained, not arrest (not read his rights). The police asked him to search the house, and he refused, and told them to get a search warrant.

Meanwhile, the police ploped themselves on the living room couch, and started yelling in the house "Police! Come out and play little fuc****!" And things like that. About an hour into them requesting a search warrant, the person locked in the car (the home owner) called me and told me they had obtained a search warrant.

The police then opened the bedroom door, and told all of us to get out of the room. As we entered, we had full weapons and tazers pointed at us. Those who blew on the breathalizer will receive citations in the mail.

HOWEVER.

-The search warrant was never presented to the home owner until after the search.

-The police opened the sliding glass door without invitation.

-The police used probable cause that they "recognized College-aged kids in the house", only AFTER they opened the sliding glass door.

Is this case worth fighting in court? The specific town cops I am talking about have a long history of "sketchy" search warrants, the District Judge, from what i've heard, is getting tired of their behavior.

Ah, the hide in the back bedroom ploy... have you ever tried to keep underaged drunk people quiet?

What state?

This was in Pennsylvania.

Actually, everyone was cooperative and quiet, and the opening below the bedroom door was covered so that the famous "cell phone lighting" could not be shown.

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Quoting nextgates

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-The search warrant was never presented to the home owner until after the search.

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which is why the police waited before opening the bedroom door.

Why were they there in the first place? How did they know there was a party going on?

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-The police opened the sliding glass door without invitation.

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Why were they there in the first place? How did they know there was a party going on?

Further, why didn't the overage people answer the door when the police knocked?

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-The police used probable cause that they "recognized College-aged kids in the house", only AFTER they opened the sliding glass door.

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You really think they didn't hear other people in the house?

Really?

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Is this case worth fighting in court? The specific town cops I am talking about have a long history of "sketchy" search warrants, the District Judge, from what i've heard, is getting tired of their behavior.

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Sure, what have you got to lose.

Get an attorney.

I doubt that you'll get anywhere trying to challenge the warrant. You (or your lawyer) can research the details for your own state, but short-term house guests (those not planning to spend the night) generally have no standing to object to the search of the homeowner's premises. A violation of the homeowner's rights may help him, but I don't expect it to get you off the hook.

The Police were at the house for what they said was a "disturbance in the general area" of where the party was taking place.

I'm not sure as to why the overage people did not answer the door...that is beyond me. But, issue is, the Police opened the sliding glass door and moved the curtains.

I knew the police had the idea there was a party going on, however, on the Search Warrant, it was stated that they recognized college students that they had dealt with...which was impossible, until after they helped themselves and opened the door and moved the curtains.

I'm not very concerned with my Underage Citation. Its a misdemeanor summary offense. The issue I'm concerned with is the home owner, who got 19 charges pressed against him.

The interesting thing is, he was offered a deal which obviously he could not talk about, but he said it was "good for him, and bad for the 18 rest of us." He is fighting the charges...obviously if the Search Warrant gets dropped, so will the 18 underage citations.

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Quoting Mr. Knowitall

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I doubt that you'll get anywhere trying to challenge the warrant. You (or your lawyer) can research the details for your own state, but short-term house guests (those not planning to spend the night) generally have no standing to object to the search of the homeowner's premises. A violation of the homeowner's rights may help him, but I don't expect it to get you off the hook.

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Correct. However, if the Search Warrant is dropped, so will the 18 Underage Citation...since we were only cited and found after the search warrant.

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Quoting nextgates

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The Police were at the house for what they said was a "disturbance in the general area" of where the party was taking place.

I'm not sure as to why the overage people did not answer the door...that is beyond me. But, issue is, the Police opened the sliding glass door and moved the curtains.

I knew the police had the idea there was a party going on, however, on the Search Warrant, it was stated that they recognized college students that they had dealt with...which was impossible, until after they helped themselves and opened the door and moved the curtains.

I'm not very concerned with my Underage Citation. Its a misdemeanor summary offense. The issue I'm concerned with is the home owner, who got 19 charges pressed against him.

The interesting thing is, he was offered a deal which obviously he could not talk about, but he said it was "good for him, and bad for the 18 rest of us." He is fighting the charges...obviously if the Search Warrant gets dropped, so will the 18 underage citations.

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OHHHHH....

So the homeowner flipped on you.

And, probably, also gave his consent to search.

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Quoting cyjeff

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OHHHHH....

So the homeowner flipped on you.

And, probably, also gave his consent to search.

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No. He declined the deal and the search. I've known him for a long time.

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Quoting nextgates

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Correct. However, if the Search Warrant is dropped, so will the 18 Underage Citation...since we were only cited and found after the search warrant.

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In order to successfully QUASH a search warrant, you need a very skilled attorney to draft the Motion. That will be expensive. As you can bet the gov. will file a response, and your attorney will file a response to his response, etc. That is all chargeable billed hours.

If it is a jailable offense (unknown) and the state wishes to seek jail time, if indigent, you are required to be appointed a public defender.


If it is NOT a jailable offense, you are not entitled to a public defender and then unless some bucks are pooled, one person bears the costs.

Even if the warrant is quashed, a SLIM chance, it would not necessarily resolve the other defendant's cases either?

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Quoting nextgates

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No. He declined the deal and the search. I've known him for a long time.

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Um... when you said...

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The interesting thing is, he was offered a deal which obviously he could not talk about, but he said it was "good for him, and bad for the 18 rest of us."

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That really SCREAMS "deal".

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Quoting nextgates

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Correct. However, if the Search Warrant is dropped, so will the 18 Underage Citation...since we were only cited and found after the search warrant.

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That's not correct. If you don't have standing to object to the warrant, even if charges are dropped against the homeowner, the evidence collected may still be used against you. The law protects you when your own rights are violated - you don't get relief because somebody else's rights were violated.