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  1. #1
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    Oct 2009
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    Question Can Police Kick My Door in for a Noise Complaint in Ohio

    My question involves police conduct in the State of: Ohio. I was at a birthday party at my friends house,we were pretty loud and the police said they received a noise complaint and asked to come in.my friend who was the tenant at the house said no.they asked to see our id's so with the chainlock set we cracked the door and gave our ids to police.After some time the police told us to take our ids back.So again with the chainlock locked we took our ids back.While we were taking our ids with the door still cracked open the police asked to come in again,we said no and shut the door.They started pounding on the door and threatening to kick the door in.We told the police we weren't comitting any crimes and they needed a warrant to come in.The police then kicked the door into pieces, came in, ran everyones ids again and arrested a few people for obstruction of justice for locking the door.NONE OF US HAD ANY WARRANTS AT ALL WHEN THEY RAN OUR IDS THE FIRST TIME.MY QUESTION IS,WERE THEY WITHIN THERE RIGHTS TO KICK THE DOOR DOWN WITHOUT A WARRANT OR WITHOUT WATCHING A CRIME TAKE PLACE?Thanks for the help.

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: Can Police Kick My Door in for a Noise Complaint in Ohio

    In order to escape the warrant requirement to enter a Home, there are only a few carefully crafted exceptions. I live in Ohio also, and absent very few exceptions, the Ohio SC has ruled that our Constitution's search and seizure clause, Article 1, sec. 14, mirrors the federal 4th AM's case law, as they are almost identical in words.

    1.14 Search warrants and general warrants

    The right of the people to be secure in their persons, houses, papers, and possessions, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched and the person and things to be seized.


    I am not a lawyer, and even if I were, I would have to review ALL the facts leading up to the entry, but it greatly appears there were no exigent or emergency circumstances to enter without a warrant.

    The people who were charged are afforded the right to plead not guilty and request a public defender if indigent. After consultation he or she can decide in thier mind from all the facts IF the non warrantless entry satisfied both the federal and Ohio constitutions.

  3. #3
    Join Date
    Mar 2009
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    Key West, FL
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    Default Re: Can Police Kick My Door in for a Noise Complaint in Ohio

    The obstruction charge resulted from people claiming their constitutional rights, which the police then violated. This is priceless.

    This is a classic example of an illegal warrantless entry. Nobody can be arrested for obstruction for refusing a police demand to enter private property when they don't have a warrant.

    I commend you for standing up for your rights. Police don't like that and you pissed them off. What they did is very illegal. What are they going to argue, a noise complaint is an extigent circumstance? Absurd.

    All the charges must be dismissed. Any rookie public defender should be able to get these charges thrown out in a heartbeat.

    Go see the local ACLU too.

  4. #4
    Join Date
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    Thumbs up Re: Can Police Kick My Door in for a Noise Complaint in Ohio

    Thanks a lot BOR its appreciated.

  5. #5
    Join Date
    Aug 2007
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    3,835

    Default Re: Can Police Kick My Door in for a Noise Complaint in Ohio

    Quote Quoting smoneydadon
    View Post
    Thanks a lot BOR its appreciated.

    You are welcome.

  6. #6
    Join Date
    Jun 2008
    Posts
    250

    Default Re: Can Police Kick My Door in for a Noise Complaint in Ohio

    I would sue the freaking badges off the cops shirt if that was me. Simliar thing happen to me I was playing loud music cleaning up. Cop came once then started stalking me peaking through windows etc....Knock on my patio door after I caught him peaking, he was talking about nothing so i told him bye and tried to close the door , he tried to hurry in and I slam the patio door on his arm real bad and said thats what u get for trying to break into my house. Anyways i requested the sergeant. I only got taking to jail for disorderly conduct and the cop still had a bruised arm... all in all i got a $250 fine.

    Sue them. get a lawyer, file a complaint

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