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What do cops do if you don't open the door?Follow

#1 Apr 07 2007 at 12:10 AM Rating: Decent
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So tonight we were drinking at this guys place, who lives in a duplex,on the top floor. Between maybe 20ish people noone was over the age of 21, I personally dont think it was too loud, but someone called in a noise complaint. We see the cop car roll up, so the guy whoms party it was, who already has a DUI and something having to do with possesion of controlled substances, turned off all the lights, and kills the music. Most of the younger minors(18 year olds and the like) hide somewhere, me and my bro just chill by the beerpong table....since we were two deep, hoping to play all night.

The cops knock.
The owner ignores it.
The cops knock loudly.
The owner ignores it again.
The cops POUND on the door.
Owner: Who is it.
Cops: Police.
Owner: What do you want?
Cops: Something about a noise complaint.
Owner: We'll be quiet now, go away.
Cops: Come out side.
Owner: I'm going to bed now.
Cops: Something about landlord, and 850 dollar fine, and resisting arrest.

The guy who owns the place opens the door, they drag him down the stairs. Hes in the back of a police car, the guys roommate closes the door, the cops says people can leave now, but its snowing outside, and noone wants to go out there, so we all chill. About 20 minutes later the owner comes back, and says he got an underage, disorderly conduct, and noise voilation.

Now regardless of the fact if the door was awnsered the first time, there might not had been any charges other then "Please try and keep it down". What is the law on this? How can you get a disorderly conduct in your own home? Yelling through the door. If the disorderly conduct was the loud party, then how is there still a noice complaint? I'm pretty sure this was handled very poorly, and **** happens, but ultimately, what if the guy who lives there didn't open the door? Its 3am, no judge for a warrent, they aren't breaking thru the door. I know noone would be able to leave until completely sober, even then it wouldn't be good.

I realize that asking for peoples oppinions on the internet, and even more so then forum, can result in flames, but at the moment, I just want some insight into this one.

#2 Apr 07 2007 at 6:08 AM Rating: Decent
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Alot depends on the municipality, however in this situation its pretty straightforward.
Someone called,probably a neighbor, no ? So the cops had a starting point (complainant , or person reporting).

You say you saw cop car roll-up, they MAY have been as observant and seen lights go off, music go down etc.
They are kinda bound to investigate at this point, if only to deliver noise warning (assuming esp. its late enough to have noise ordinances apply)3a.m. ?

Police are empowered to do something called a "welfare check" like if your 90 year old neighbor is not seen for a few days & there is a foul odor emanating from the residence....they can force entry, usually in appt. they would contact landlord or MGR. Alot of bodies are discovered this way.

If no-one would have answered they may have gained entry, & cited everyone, minor intoxication, minor in possesion,etc.

If no basis for report they would have contacted person reporting & warned them about making frivolous, unfounded, or false complaints.

Hope this helps your understanding, cops are an "Authority" esp. when in direct contact, resisting "arrest" can happen even when there is no basis for "arrest"....like when you wont cooperate & allow "detained for questioning" to occur to ascertain no "basis for arrest".

Sounds like "this guy" ,the owner got lucky not to have been held for violating probation...
from the cops perspective, this could have escalated into "call the SWAT Team" or de-escalated into just some cooperative kids having fun.... you were somewhere in the middle.

Unless you live in a single family, detached dwelling, 3a.m. parties are like an open invitation to the police lol.


On a side note, hope you gained some perspective, if this guy would have been beligerent he could have woken up in jail on his way to prison, resisting, assault on a peace officer, but we know no-one gets beligerent when drunk ! lol

He's about as close to prison as most "normal"(diagnosable as substance abuser just from your post) people ever get.Dont follow the same path, kk ?


#3 Apr 07 2007 at 6:53 AM Rating: Good
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I remember the first time the cops came to our door because of a noise complaint. Most of us were underage drinkers back then.

Police: We received a noise complaint.
Me: Sorry, we'll turn everything down.
Police: Is this your house?
Me: No, it's my parents.
Police: Where are they?
Me: On vacation.
Police: *Burst out in laughter.

And that was the end of it. They went away and we moved the party to the basement.

good times, good times...
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#4 Apr 07 2007 at 7:13 AM Rating: Good
I agree that the cops handled this poorly. They should have come inside and taken your pot, at the very least.

Now GFY.
#5 Apr 07 2007 at 7:47 AM Rating: Decent
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What do cops do if you don't open the door?
Break it down.

You kids got lucky, really.
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#6 Apr 07 2007 at 8:21 AM Rating: Decent
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Deballic wrote:
What do cops do if you don't open the door?
Break it down.

You kids got lucky, really.


I would hate to see what they would do if there was an actual emergency in the building.

A wrecking ball for a heart attack victim?

I'm pretty sure without a warrant or the appearance of danger they could not kick in your door, considering it would be unlawful entry any and all arrest they made would be voided.
#7 Apr 07 2007 at 8:37 AM Rating: Decent
Police don't need a warrant if there is a cause to enter like in this story.
#8 Apr 07 2007 at 8:50 AM Rating: Excellent
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Magnavoxroan wrote:
Police don't need a warrant if there is a cause to enter like in this story.

Yes and no. If your friend had answered the door when the police first knocked, they likely would have just told him to keep the noise down. However, without some kind of probable cause, they cannot legally enter a private residence without permission.

So, just make sure that all the beer is out of plain view from the doorway next time, and if they ask to come in and look around, tell them to come back with a warrant. By the time they actually get a warrant (assuming they decide to get one in the first place), you should have ample time to clean up the place and send everybody home.

Or, you could just stop calling attention to yourselves with the music and the loudness and avoid the problem althogether.
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#9 Apr 07 2007 at 9:08 AM Rating: Excellent
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If you decided to get cute with the police, they could decide to cite you for the noise violation and then cite you again for resisting arrest when you refused to open the door and accept the ticket. Then they'd get the landlord to open the door for them to hit you with both charges and bring you in on the resist charge.

Which sounds exactly like what they were threatening to do. As others said, had your friends not tried to be cute, the cops probably would have warned them and left. Making an *** of themselves only made it worse. And obviously there was a noise complaint since otherwise the police wouldn't have been called. For the exact laws regarding the volume of noise you're allowed to create and how far away it may be heard, consult your municipal code which will depend on zoning laws and other such local codes. For example:
The Naperville Municipal Code wrote:
The following performance standards shall be applicable to all uses in all zoning districts:

1. Noise: The decibels generated from a use shall not exceed the exterior noise limitations set forth in table 1 of this section as measured at the property line of the parcel from which the noise is generated. The decibels typically generated by particular uses are given in table 2 of this section.

1.1. Measurement Of Noise: Noise shall be measured at the property line of the parcel from which the noise is generated. Noise shall be muffled so as not to become violative of applicable standards due to intermittence, beat frequency, shrillness, or intensity. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conforms to ANSI S1.4-1983 (American national standards institute) specifications, or any successor standard promulgated by ANSI. Preferred frequencies for acoustical measurements shall be used.

TABLE 1 
 
Land Use 	7:00 A.M. To 7:00 P.M. 	7:00 P.M. To 7:00 A.M. 
Residential 	       55 dBA 	                50 dBA
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#10 Apr 07 2007 at 9:24 AM Rating: Decent
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Quote:
As others said, had your friends not tried to be cute, the cops probably would have warned them and left.


/nod


Most cops will let you go with a warning if you comply with them and be nice. Once you start being cute they'll hit you with itty bitty stuff just cause they can. I've gotten out of many tickets just by telling them the truth and doing what they ask without any lip.
#11 Apr 07 2007 at 9:37 AM Rating: Decent
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I know he handled it in about the worst way possible, though thats life I guess. Though this is something I considered when I woke up today.

He lives in an upstairs duplex, theres a front door, then stairs, and then another door. The police did infact enter the house, thru the front door, walk up the stairs, and knock on the second door. Seems like that'd be like cops entering your home, without a warrent, regardless noone could hear them upstairs, if they knock on the front door.

Edit: I've been pulled over about 6 times since I got my license(never while drinking), and I've gotten zero tickets. I assume that has to do with me being nice and respectful, and also driving an old, yet clean, well maintained car, instead of being an *******, and driving a nicer car then the cop himself owns.

Edited, Apr 7th 2007 1:39pm by HunterGamma
#12 Apr 07 2007 at 10:00 AM Rating: Good
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It sounds like that is a shared entry for both apartments, in which case they can enter there without invite. And I hate to burst your bubble, but all they need to enter is probable cause. That's easy to say they have, especially if a complaint has been called in from a neighbor. Bandying around like you and your friends did just pisses them off. Quite likely they would have just told everyone to leave and let it go at that if they had been answered and respectfully listened to. In my youth, I'd been at plenty of parties where the cops showed up. The only time they ever raised a fuss was once when there were under 18's there. Luckily, I had bailed about 15 minutes before they showed that time as I knew they were coming. My friends got contributing tickets for that little event.

I like how you "personally didn't think it was too loud" with 20 people boozing at 3 o'clock in the morning. Yeah, cause you were all sitting around talking in whispers and ****. Please.
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#13 Apr 07 2007 at 11:04 AM Rating: Default
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#14 Apr 07 2007 at 11:31 AM Rating: Good
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Having several cop friends and listening to their tales of fun and woe I can tell you they hate the typical noise complaint type of calls, but they loooove it when things get interesting. Don't play games with the and make things interesting and all they will want to do is get the job done and get the fUck outa there.
#15 Apr 07 2007 at 11:38 AM Rating: Decent
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http://www.amazon.com/Come-Back-Warrant-Doormat/dp/B00020O572
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#16REDACTED, Posted: Apr 07 2007 at 3:42 PM, Rating: Sub-Default, (Expand Post) **** the law. I support cop killers. I hope they all get shot in between the eyes.
#17 Apr 07 2007 at 3:50 PM Rating: Good
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Kojiami wrote:
@#%^ the law. I support cop killers. I hope they all get shot in between the eyes.


Wow, aren't you the basass little troll?
#18 Apr 07 2007 at 5:38 PM Rating: Default
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Kojiami wrote:
@#%^ the law. I support cop killers. I hope they all get shot in between the eyes.


I seriously hope you find yourself in a situation where you wish for a cop to hold your hand, but only find pain oozing out of your bleeding, battered body.

I'll phone you and ask "Who's the man now, dog?"

Edited, Apr 8th 2007 3:38am by Mazra
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#19 Apr 07 2007 at 6:03 PM Rating: Decent
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Kojiami wrote:
@#%^ the law. I support cop killers. I hope they all get shot in between the eyes.

While cop-killers do get the death penalty, it's usually by lethal injection, not a bullet to the forehead. The PBA appreciates the sentiment though.
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#20 Apr 07 2007 at 9:17 PM Rating: Good
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I do believe I now have the perfect gift idea for a certain someone.




Edited, Apr 8th 2007 12:18am by Yanari
#21 Apr 07 2007 at 10:40 PM Rating: Decent
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Granted people have mentioned different laws regarding different municipalities... but the course of action most likely does not vary much from one municipality to the other.

I found this site to be of interest..

http://www.daviswiki.org/FAQ_Student-Police#head-e99271259f0d37ebde5fbea878e1c1468c9d85d9

#22 Apr 08 2007 at 1:45 AM Rating: Decent
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I found this site to be of interest..


As humor, maybe.


As with any violation of the law, it is unlikely to "just go away" if you ignore it. It forces us to change our approach to the situation, as it clearly shows that there is no desire to cooperate in a solution to the complaint.

From a legal perspective, it greatly escalates the situation. We would probably obtain warrants for the arrest of the persons responsible for the noise, which means we would have authority to enter to arrest them, and they would end up in jail as opposed to just receiving a citation. Also, the actions of closing the door and ignoring the police would likely be considered "resisting, delaying or obstructing" the police, which is a more severe crime than the original noise violation.


Good luck with that, boys, and with the ensuing PR nightmare, dismissal of complaint and harassment suit.

I'm not suggesting that people be non-cooperative with police for no particular reason, but implying that they're somehow going to do jail time for exercising their 4th amendment rights is preposterous. As is the suggestion that they're going to go through the paperwork required, and go to a judge to get a warrant to arrest someone who was playing loud music.



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To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#23 Apr 08 2007 at 2:55 AM Rating: Decent
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Not sure 3a.m. parties are protected activities, the 4th is hard to actively "exercise", especially if you already have prior legal troubles.

Standard language in probation aggr. is to "obey all laws" & "comply with police directives" "submit to blood, breath, urine test" etc.(especially if it stems from DUI & "controlled substances" )as in OP.

As in UCD link, cops might actually get good PR from breaking up another underage drinking party, like it or not the college town environment as it relates to alcohol has changed in the last few years, the UC system actually has an alcohol policy now, due in large part to hazing deaths & the number of alcohol related sexual assaults & "accidental deaths".

Oh well, times they are a changin' lol.

#24 Apr 08 2007 at 9:25 AM Rating: Default
I had sex with the donkey1
#25 Apr 08 2007 at 10:09 AM Rating: Decent
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Not sure 3a.m. parties are protected activities


Brain injury? Some sort of major head trauma when you were a kid? "The Bill of Rights offers citizens protections, unless it's 3 am, then all bets are off, release the fucing hounds"


As in UCD link, cops might actually get good PR from breaking up another underage drinking party, like it or not the college town environment as it relates to alcohol has changed in the last few years, the UC system actually has an alcohol policy now, due in large part to hazing deaths & the number of alcohol related sexual assaults & "accidental deaths".


Yeah. You're a terrified pussy who surrenders his rights at the drop of a hat. Got it.

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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#26 Apr 08 2007 at 2:00 PM Rating: Decent
The Glorious GitSlayer wrote:

Wow, aren't you the basass little troll?



No he is just a fuckass. A while ago he proclaimed himself to be (and I quote) "The King of Trolls". Smiley: oyvey

Edited, Apr 8th 2007 3:01pm by Rimesume
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