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  1. #1

    Default Probable Cause Illegal Search

    Had a party. Neighbors call the cops for too much noise. Cops show up. Knock on the door, ask to speak outside. I agree but tell them that they won't be able to come inside. As soon as I begin to turn the door handle before the door is even open they kick the door open. The officer keeps his foot in the way so I can't close the door even though I repeatedly tell him I want to close the door and he doesn't have my permission to enter my apartment. They don't listen, enter my apartment, make everyone go out, go through all the rooms, find a weed pipe behind a pile of crap on my desk. When I questioned the officer about how he found it and then did a reenactment w/ him he gave many false answers and changed his story many times. I get charged w/ an unruly gathering and possession of drug paraphanelia. I think I will be able to get the drug charge dropped because there were no exigent circumstances for them to go throughout my apartment- no reason to view us as dangerous, nobody attempting to destroy evidence, nobody attempting to escape. For the unruly gathering, there has to be 5 or more people and loud noise. Here are my questions:

    1) Was there an illegal search?

    2) If so when did it begin (immediately upon their entry, or when they started looking in other rooms)?

    3) If I argue that, the police would never have been able to find evidence of 5 or more people (which is necessary to support an unruly gathering) had they not entered my apartment illegally, can I get the unruly gathering ticket dismissed? Noise alone is not enough for unruly gathering. It is a separate crime that has to be measured outside 30ft away w/ a decibal reader

    4) Did the music the police heard outside give them probable cause to enter my apartment?

    Thanks in advance for any help.

  2. #2
    Join Date
    Dec 2009
    Posts
    117

    Default Re: Probable Cause Illegal Search

    Makes me wonder if their intent was to investigate a crime and make arrests, and the arrnging for you to open the door was just a ruse.

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