cop question

[Jbag 0]

in California, what consents an officer to search your house?

roommate came home drunk and went to the patio and screamed a little bit about losing his keys, (i laughed), about 30min later after everyone was asleep the cops came knocking and my roommates friend opened the door thinking it was our lost friend. she is to short to look through the peephole so she opened it, (she's retarded), it was a couple of cops and they pushed her aside and started searching the house quick like. and so it goes back to my question now...

does her opening the door consent to the cops to do a search?

question 2...

if i heard them coming in (my door was closed and i was about to pass out) and pulled my shotgun on the intruder, how interesting could have the night became?

IHYD

[Andy9o8 0]

Instead of asking for more details, or getting into hypotheticals, I look at it this way:

Did they find anything incriminatory or seize anything? If not, suck it up and chalk up the (maybe legal, probably not) warrantless search as "no harm, no foul". The cops were called to the place by your neighbors for a reason - because your roommate was acting like a fucking asshole out in the neighborhood during the night, and this was the neighbors' (probably well-deserved) payback. Best advice would be to stop antagonizing the neighbors and let them sleep in peace from now on.

[jf951 1]

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in California, what consents an officer to search your house?

roommate came home drunk and went to the patio and screamed a little bit about losing his keys, (i laughed), about 30min later after everyone was asleep the cops came knocking and my roommates friend opened the door thinking it was our lost friend. she is to short to look through the peephole so she opened it, (she's retarded), it was a couple of cops and they pushed her aside and started searching the house quick like. and so it goes back to my question now...

does her opening the door consent to the cops to do a search?

question 2...

if i heard them coming in (my door was closed and i was about to pass out) and pulled my shotgun on the intruder, how interesting could have the night became?

im not a cop but im pretty sure thats definitely illegal.
from what i understand (again im not a cop) to enter your house they need a warrant. how ever for instance if ur involved in a pursuit and u try to use ur house as a safe haven they can enter with out a warrant as they are already pursuing you. but given ur situation i think they were out of line because the incident (which im pretty sure does not even costive them entering) happened significantly before the time they arrived.
anywho theres my 2 cents ...

Jump more, Bitch less.

[Jbag 0]

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Instead of asking for more details, or getting into hypotheticals, I look at it this way:

Did they find anything incriminatory or seize anything? If not, suck it up and chalk up the (maybe legal, probably not) warrantless search as "no harm, no foul". The cops were called to the place by your neighbors for a reason - because your roommate was acting like a fucking asshole out in the neighborhood during the night, and this was the neighbors' (probably well-deserved) payback. Best advice would be to stop antagonizing the neighbors and let them sleep in peace from now on.

Calm down princess, i hold nothing against the cops, they were doing there job and i am not upset whatsoever...just curious about the legalities of it, and trying to start a conversation that could get interesting...

IHYD

[Andy9o8 0]

OK, fine.
Yeah, it may have been illegal. So sue them.
It's 2am in Calif. Go to bed already.

[Squeak 17]

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OK, fine.
Yeah, it may have been illegal. So sue them.
It's 2am in Calif. Go to bed already.

I think they might claim "Just Cause" have had someone report a person screaming from the residence, they might have felt legally justified in forcing entry, under the premis that they were concerned for the safety of an occupant.

But i was always on the wrong side of police procedures so i'm probably totally wrong

You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?

[Andy9o8 0]

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I think they might claim "Just Cause" have had someone report a person screaming from the residence, they might have felt legally justified in forcing entry, under the premis that they were concerned for the safety of an occupant.

Of course that's what they'd have said, or something similar. Plus, courts have held that when cops enter a premises (under such circumstances) they sometimes do have a bit of leeway in conducting a limited search to guard against weapons, for their own protection. So in court, who's gonna be believed - the 2 cops, who have testified hundreds of times before, or the drunk asshole, his maggot roommate and their pet midget?

[masterrig 1]

In this case, I would say that the cops were justified. We don't know how the call was made to the cops initially. Neighbors may have thought someone was being raped or murdered. The cops just wanted to make sure every thing was all right. The cops were just 'looking around'. They weren't searching drawers or cabinets and closets... were they? I'd say their actions were legit. It just boils down to the fact that neighbors need to be neighbors and that includes being considerate of them in the wee hours.


Chuck

[LuckyMcSwervy 0]

This is a quick copy & paste job from a website that came up near the top of my Google search for 'California Warrantless Entry' query:

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Exigent Circumstances May Justify a Warrantless Entry into One's Home

In some situations, a search may be found reasonable despite the lack of a warrant. However, to establish the presence of emergency or "exigent" circumstances, there must be a showing of necessity. People v. Sutton (1976) 65 Cal.App.3d 341, 351. Specifically, at the time the warrantless entry is made, there must be an “imminent and substantial threat to life, health, or property.” Id. at 350

You can always use the Public Records Act to request to hear the 911 recording that sent the officers to your home.

http://www.transformcommunities.org/tctatsite/instigate/i2sup/Public_Records_Act_Request.doc

Always be kinder than you feel.

[TrophyHusband 0]

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roommate came home drunk and went to the patio and screamed a little bit about losing his keys,

from the neighbor's standpoint it could have sounded like a domestic dispute.

"Your scrotum is quite nice" - Skymama
www.kjandmegan.com

[AggieDave 6]

There is a significant difference between a search and a safety sweep!

Did they check where a person could be or did they start going through drawers looking for small bags of something?

The original call from a reliable person to emergency services stated that they thought someone was in significant danger inside the residence? Then it wasn't truly a search. Now if they started taking your sofa apart looking for dime bags, then it was a search.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[Andy9o8 0]

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You can always use the Public Records Act to request to hear the 911 recording that sent the officers to your home.

I expect that when the neighbor resultingly gets her house or car vandalized, she'll wonder who she has to thank. She may also hesitate to call 911 again the next time she fears that a crime may be in progress in her neighborhood.

[Zep 0]

of course if you don't want that sort of thing happening again, Eliminate your neighbors
















































I did Imoved to the mountains

Gone fishing

[Squeak 17]

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You can always use the Public Records Act to request to hear the 911 recording that sent the officers to your home.

I expect that when the neighbor resultingly gets her house or car vandalized, she'll wonder who she has to thank. She may also hesitate to call 911 again the next time she fears that a crime may be in progress in her neighborhood.

Why the hell would you assume someone would do that.
Man you are a negative fucker

You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?

[LuckyMcSwervy 0]

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You can always use the Public Records Act to request to hear the 911 recording that sent the officers to your home.

I expect that when the neighbor resultingly gets her house or car vandalized, she'll wonder who she has to thank. She may also
hesitate to call 911 again the next time she fears that a crime may be in progress in her neighborhood.

I concur.

Always be kinder than you feel.

[Andy9o8 0]

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You can always use the Public Records Act to request to hear the 911 recording that sent the officers to your home.

I expect that when the neighbor resultingly gets her house or car vandalized, she'll wonder who she has to thank. She may also hesitate to call 911 again the next time she fears that a crime may be in progress in her neighborhood.

Why the hell would you assume someone would do that.
Man you are a negative fucker

I think you naively underestimate the inclination of certain elements to retaliate against neighbors who call the cops on them.

[Squeak 17]

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You can always use the Public Records Act to request to hear the 911 recording that sent the officers to your home.

I expect that when the neighbor resultingly gets her house or car vandalized, she'll wonder who she has to thank. She may also hesitate to call 911 again the next time she fears that a crime may be in progress in her neighborhood.

Why the hell would you assume someone would do that.
Man you are a negative fucker

I think you naively underestimate the inclination of certain elements to retaliate against neighbors who call the cops on them.

Well actually i dont, I know Gary personally and doubt very much he would do that

You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?

[justinb138 0]

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You can always use the Public Records Act to request to hear the 911 recording that sent the officers to your home.

I expect that when the neighbor resultingly gets her house or car vandalized, she'll wonder who she has to thank. She may also hesitate to call 911 again the next time she fears that a crime may be in progress in her neighborhood.

Why the hell would you assume someone would do that.
Man you are a negative fucker

I think you naively underestimate the inclination of certain elements to retaliate against neighbors who call the cops on them.

And I think you naively overestimate the inclination of said elements to thoroughly investigate the source of the call before retaliating.

[Andy9o8 0]

I think you both naively overestimate the degree to which I would naively overestimate.

[Squeak 17]

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You can always use the Public Records Act to request to hear the 911 recording that sent the officers to your home.

I expect that when the neighbor resultingly gets her house or car vandalized, she'll wonder who she has to thank. She may also hesitate to call 911 again the next time she fears that a crime may be in progress in her neighborhood.

Why the hell would you assume someone would do that.
Man you are a negative fucker

I think you naively underestimate the inclination of certain elements to retaliate against neighbors who call the cops on them.

Moreover its not just this post where you are misery and doom you seem to be on a roll

You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?

[justinb138 0]

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I think you both naively overestimate the degree to which I would naively overestimate.

Ok, you win.

[LuckyMcSwervy 0]

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I think you naively underestimate the inclination of certain elements to retaliate against neighbors who call the cops on them.

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Well actually i dont, I know Gary personally and doubt very much he would do that

I didn't think JB would do it.... I was thinking the roommate who was the target of the police involvement.

Always be kinder than you feel.

[Squeak 17]

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I think you both naively overestimate the degree to which I would naively overestimate.

Not at all i pretty acutely estimate you are a saddy

You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?

[Andy9o8 0]

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I think you both naively overestimate the degree to which I would naively overestimate.

Not at all i pretty acutely estimate you are a saddy

I'm sad you feel that way.

[Squeak 17]

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I think you naively underestimate the inclination of certain elements to retaliate against neighbors who call the cops on them.

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Well actually i dont, I know Gary personally and doubt very much he would do that

I didn't think JB would do it.... I was thinking the roommate who was the target of the police involvement.

so you assume that Gary associates with douche bags
well other than me of course (just getting in before the dickheads do)

You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?