Police Coming Into My Home Unlawfully?

This weekend, there were cops down the hall from my apartment, giving some kids tickets for possession.
My idiot roomate walked down to see what was going on.
After they were done, here they come knocking on my door, supposedly because my roomate had walked down there.
He opened the door (like an idiot).
I walked infront of him and asked them why they were here, if they had been called for a complaint, what?? Nothing.
"Oh, we're just patrolling."
They saw some open beer cans, I said I wasn't drinking ( I was).
They brought up the breathalizers.
I admitted drinking, and got an MIP (minor in possession of alcohol).
So did 5 other people that were in the room.

Ok, is it lawful??? They had absolutely no reason to knock on my door, at all!
Just because my roomate walked by, they come to my door.
I know seeing beer cans is "probably cause". What if I had refused a breathalizer? Would I have gone to jail?
Then they told me I couldn't smoke around them (in my own house). I go to the hallway, they say I can't smoke in the hallway. Meanwhile, my roomate is right there smoking...
Fucking assholes, I swear.

 

That sounds kind of shifty. Was your roommate acting drunk by any chance? That could have made the cops suspicious, especially if he looks young. Then probable cause would take effect... I think. I also don't think they could give you the breathalizer test unless you appeared drunk. Maybe you were more drunk than you realized?

Either way, that's a pretty screwed up situation.

 

There's nothing preventing cops from knocking on someone's door.
And they might have smelled alcohol on your breath, reason to test you for underage drinking.
Apparently no one went to jail. Don't sweat it.

 

hey little one,
do you live in a college dorm? otherwise i don't see why you can't drink in your own home, even if underage, as long as you weren't disturbing the peace.
angel hippiewise

 

Was everyone there underage? And I don't think anything in plain sight is probable cause for them to enter, it's probable cause to obtain a warrant. And in that situation if the cop was already being an asshole I would have promptly lit a cig and blown smoke at him. When I smoked cigs, I did that while signing a speeding ticket once. Have you talked to an attorney? Sounds to me like you could probably get it dropped. Did you blow, or did he just threaten the breathalyzer?

 

anyone has the right to knock on anyone's door... you're idiot roommate did NOT have to answer it. once you answer the door, they can't come in UNLESS they SEE a reason to do so (open beer cans..)

hopefully everyone learned from the experience.

 

Which is why I said think, rather than just making a statement. The thing that really gets me is cops entering your home without a warrant. I have heard that opening the door implies that you are allowing them inside, which is complete bullshit. If thats case law, then that is a serious violation of the 4th amendment.

My sister told me about a small backyard party she was at in high school that was busted. The cops went into the house without a warrant to wake the parents up, they preferred their kids at least stay home and drink in stead of getting DUIs. Well, they told the cops they had entered in the house without their consent or a warrant, and the cops left.

 

I can relate to your fear and anger at the police for what they did. if you think you have been wronged by them, you can always file a suit against the police dept. i don't think it was harassment though, just learn from the experience and be careful. i used to hate "the pigs" myself when i was a young activist and hippie in the 70's, but when i look back on some of the things i was doing, i realize i brought alot of it on myself. i was very political back then and was invovled with the black panthers, the Indian power movement and many other organizations. i feel i was right being involved with those groups, but i don't think i was right by flipping off every cop i saw and spitting at them. i've learned to be a mellow activist now lol
angel

 

Proable Cause alows entry without a warrant. Verbal consent also acts as a warrant. I acctually am a cop, I don't bust people for underage drinking, but I know people who do. And we have had the same BS classes on probable cause for entry.

 

So it becomes their discretion, rather than having a judge sign a warrant. Question, do you know what would happen if a cop entered a place under probable cause, but there turned out to be nothing illegal going on?

 

sometimes people will get suspended/sued(its their own dumbass fault though), but most of the time probable cause "is" the evidence. Things you can't take for probable cause to search are smells. Smells never hold up in court.

 

With the patriot act pass by Bush cops can knock your doors down any time they want = welcome to the police state of america "thank god my teen days were in early 70s when we still had some rights left. thats what you young punks get for not being told how your rights were writen in the united state constitution and the right to keep and bear arms in school . good luck in the coming years of your miserable life in the U.S.