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  1. #1
    Join Date
    Mar 2007
    Posts
    1

    Default Cop came on my property without probable cause

    Hi I was just wondering about something, a few months ago i fell asleep in my car (intoxicated, alcohol) in my own driveway with my dome light on in my car. This cop that has a problem with me kept driving past and eventually decided to stop and she walked on my property, (couldnt notice i was in my car til she got right up to it) and knocked on my window. I woke up and started flipping light switches and stuff and she opened my door. I told her to get the Fu$$ out of my way and that i wanted to go in the house to go to sleep. She pushed me back in my car and told me to stay there. I tried to get up again and she pushed me back in my car again(by the way she wrote in the police report that i had a beer in my hand which i didnt?, just wondering if thats even illegal on my own property), anyway i pushed her out of my way because i was intoxicated and didnt know what was going on, so she grabbed my hand to arrest me and i pulled away and swung at her. She then grabbed me again and i pulled away and went it the house, (by the way at the time i was 17 and my parents were home and thats what i drank was with them) anyway she called back up and followed me in the house and ended up arresting me, i ended up calling her alot of names and swearing alot and i got charged with: underage drinking, open intoxicants, disorderly conduct, resisting arrest, obstructing an officer, and battery to a peace officer or firefighter. Im just wondering if she even had the right to do any of that when i was on my own property or what the deal is with this case, if you have any input that would be greatly appriciated, by the way im located in wisconsin.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: cop came on my property without probable cause

    Hire an attorney because you are in a world of trouble. You do NOT have a right to push or swing on the officer. Your alcohol charges may be the least of your potential legal troubles.

    The reason she contacted you on your property should be in the report. I can think of a lot of reasons for a cop to check this situation out ... for one, I have found more than a couple of cars with dome lights on in the middle of the night to have been broken in to.

    Oh, and generally anything freely accessable from the sidewalk to the front door (like the driveway) is considered "in public".

    - Carl

  3. #3

    Default Re: Cop came on my property without probable cause

    The problem is when she opened the door to the vehicle and what she was able to observe prior to that action. In reality, any experienced officer can come up with reasonable articulable suspicion. You need an attorney.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: cop came on my property without probable cause

    If she saw a person passed out in a car, she would also have cause to investigate to make sure that there was not a medical emergency.

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