Jbag 0 #1 January 31, 2010 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 Quote Share this post Link to post Share on other sites
Andy9o8 0 #2 January 31, 2010 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. Quote Share this post Link to post Share on other sites
jf951 1 #3 January 31, 2010 Quotein 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. Quote Share this post Link to post Share on other sites
Jbag 0 #4 January 31, 2010 QuoteInstead 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 Quote Share this post Link to post Share on other sites
Andy9o8 0 #5 January 31, 2010 OK, fine. Yeah, it may have been illegal. So sue them. It's 2am in Calif. Go to bed already. Quote Share this post Link to post Share on other sites
Squeak 17 #6 January 31, 2010 Quote 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 wrongYou are not now, nor will you ever be, good enough to not die in this sport (Sparky) My Life ROCKS! How's yours doing? Quote Share this post Link to post Share on other sites
Andy9o8 0 #7 January 31, 2010 QuoteI 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? Quote Share this post Link to post Share on other sites
masterrig 1 #8 January 31, 2010 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 Quote Share this post Link to post Share on other sites
LuckyMcSwervy 0 #9 January 31, 2010 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: Quote 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.docAlways be kinder than you feel. Quote Share this post Link to post Share on other sites
TrophyHusband 0 #10 January 31, 2010 Quoteroommate 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 Quote Share this post Link to post Share on other sites
AggieDave 6 #11 January 31, 2010 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." Quote Share this post Link to post Share on other sites
Andy9o8 0 #12 January 31, 2010 QuoteYou 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. Quote Share this post Link to post Share on other sites
Zep 0 #13 January 31, 2010 of course if you don't want that sort of thing happening again, Eliminate your neighbors I did Imoved to the mountains Gone fishing Quote Share this post Link to post Share on other sites
Squeak 17 #14 January 31, 2010 Quote Quote 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 fuckerYou are not now, nor will you ever be, good enough to not die in this sport (Sparky) My Life ROCKS! How's yours doing? Quote Share this post Link to post Share on other sites
LuckyMcSwervy 0 #15 January 31, 2010 QuoteQuoteYou 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. Quote Share this post Link to post Share on other sites
Andy9o8 0 #16 January 31, 2010 Quote Quote Quote 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. Quote Share this post Link to post Share on other sites
Squeak 17 #17 January 31, 2010 Quote Quote Quote Quote 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 thatYou are not now, nor will you ever be, good enough to not die in this sport (Sparky) My Life ROCKS! How's yours doing? Quote Share this post Link to post Share on other sites
justinb138 0 #18 January 31, 2010 Quote Quote Quote Quote 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. Quote Share this post Link to post Share on other sites
Andy9o8 0 #19 January 31, 2010 I think you both naively overestimate the degree to which I would naively overestimate. Quote Share this post Link to post Share on other sites
Squeak 17 #20 January 31, 2010 Quote Quote Quote Quote 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 rollYou are not now, nor will you ever be, good enough to not die in this sport (Sparky) My Life ROCKS! How's yours doing? Quote Share this post Link to post Share on other sites
justinb138 0 #21 January 31, 2010 Quote I think you both naively overestimate the degree to which I would naively overestimate. Ok, you win. Quote Share this post Link to post Share on other sites
LuckyMcSwervy 0 #22 January 31, 2010 QuoteI think you naively underestimate the inclination of certain elements to retaliate against neighbors who call the cops on them. QuoteWell 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. Quote Share this post Link to post Share on other sites
Squeak 17 #23 January 31, 2010 QuoteI think you both naively overestimate the degree to which I would naively overestimate. Not at all i pretty acutely estimate you are a saddyYou are not now, nor will you ever be, good enough to not die in this sport (Sparky) My Life ROCKS! How's yours doing? Quote Share this post Link to post Share on other sites
Andy9o8 0 #24 January 31, 2010 QuoteQuoteI 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. Quote Share this post Link to post Share on other sites
Squeak 17 #25 January 31, 2010 Quote Quote I think you naively underestimate the inclination of certain elements to retaliate against neighbors who call the cops on them. Quote 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 bagswell 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? Quote Share this post Link to post Share on other sites