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Problems with the law.

#181
Clark Dark said:
In most cases when you open your door to the police they must ask permission to enter. They can't just barge in whether it's the front door or the garage door. This officer wasn't chasing anyone and the garage door was opened voluntarily. After determining who was the person who lived at that address the officer should've ask him outside to discuss a noise complaint (aka misdemeanor, ...at 6pm ???!!!) not invite himself inside...(4th amendment I think). And it is a violation of the OP's 1st amendment rights for the police to issue a fine for a noise complaint when the noisemakers (amps) were all turned off and the OP was only moving his fingers on the fretboard of an unamplified bass guitar. The OP's bandmates are credible witnesses. He should fight the fine. Some cops just hate to leave Dunkin'
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A noise complaint is an infraction. LE has the authority to investigate a crime and they may enter a garage (in some cases) to do so. LE does NOT have to of been personally witness to an infraction. He was responding to a credible complaint by a citizen.

The OP acted incorrectly and by his obvious posts his attitude caused much of the problem. A simple "I'm sorry we will turn it down" would be the correct and proper response. But then, there would not be a thread.
 
#182
wow, and I just got my foundation for my post from my older bro who is a police capn' in the DA's office. He says because there wasn't a crime of a violent nature and because no one was being chased there was no need for that cop to enter without asking permission first. I guess they do it all wrong in Philly. Peace !!!

..I thought everyone knew you can deny entry to the cops and make them go get a warrant unless they witness you committing a crime or are chasing you and observe you run into a residence. They absolutely do not have the power to enter without permission especially in a simple frivilous "noise complaint" situation.

FOURTH AMENDMENT [U.S. Constitution]
'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'
 
#183
Quickie said:
A noise complaint is an infraction. LE has the authority to investigate a crime and they may enter a garage (in some cases) to do so. LE does NOT have to of been personally witness to an infraction. He was responding to a credible complaint by a citizen.

The OP acted incorrectly and by his obvious posts his attitude caused much of the problem. A simple "I'm sorry we will turn it down" would be the correct and proper response. But then, there would not be a thread.
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...didn't you read the OP where he states they turned off all the amps ???
 
#184
Clark Dark said:
..I thought everyone knew you can deny entry to the cops and make them go get a warrant unless they witness you committing a crime or are chasing you and observe you run into a residence.
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Not true.

Simple example. A "noise complaint" is received. An officer comes to your home to investigate. While he is speaking with you, and he is out doors, he hears a scream for help come out of your back room.

Exigent circumstances.

He can enter. While in most cases a warrant is needed, an officer also has "reasonable suspicion or belief" and can act accordingly.

From the OP's posts his attitude was far worse than any alleged "offense" committed by the Sheriff.

Also, in some cases, LE may obtain a warrant from a "credible source". For instance, a neighbor (retired LE) has seen numerous people go in and out of a home at all times of the night and acting suspicious. The activity is occurring at a well known (past arrests) drug dealers home.

There are always exceptions to the rule.



Clark Dark said:
...didn't you read the OP where he states they turned off all the amps ???
Click to expand...

Yes. But a complaint was filed. A simple, we will turn it down or we are sorry was all that was needed.
 
#185
I'm seeing alot of "He's a cop, do what he says" posts in this thread. Just because he's a cop doesn't mean he's automatically right. I've gotten questioned by a cop when I'm just literally riding my skateboard down the road, not breaking any rule. I've also been kicked out of certain places when I'm just holding a skateboard. A lot of the time, they're just doing it because they can. If nobody fights unfair police like the one you dealt with, they'll stick around.
 
#186
1. You have a dick neighbor to call the cops in the first place, take it up with them
2. ticket? fight the hell out of it it's mostl likely that during an informal hearing about the ticket that the cop won't show up.
3. move the band inside, don;t have an inside, turn down, get in ears throw a few hundred into some insulation to muffle the sound blah blah blah.

Not much you can do about dick cops just thank god he didn;t find your drummers stash.

LIFE LESSON: when talking to police officers place hands relaxed at sides and say YES SIR to everything he says and simply tell truth and don't talk back. Easier you make on them easier they make it on you.
 
#187
manbearpig97 said:
I'm seeing alot of "He's a cop, do what he says" posts in this thread. Just because he's a cop doesn't mean he's automatically right. I've gotten questioned by a cop when I'm just literally riding my skateboard down the road, not breaking any rule. I've also been kicked out of certain places when I'm just holding a skateboard. A lot of the time, they're just doing it because they can. If nobody fights unfair police like the one you dealt with, they'll stick around.
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While I have never known police to intentionally victimize skateboarders, there are some (officers) out there that are not the best people for the job.

I always acted polite and with respect in my more, crazy youth. Very rarely was it not returned.

Strohsx said:
Not much you can do about dick cops just thank god he didn;t find your drummers stash.
Click to expand...

That explains why we were always fast. ;)
 
#188
All I know is, the thread title always reminds me of this song.


Just the good ol' boys,
Never meanin' no harm,
Beats all you've ever saw, been in trouble with the law since the day they was born.

Straight'nin' the curve,
Flat'nin' the hills.
Someday the moutain might get 'em, but the law never will.

Makin' their way,
The only way they know how,
That's just a little bit more than the law will allow.

Just good ol' boys,
Wouldn't change if they could,
Fightin' the system like a true modern day Robin Hood.
 
#189
GregC said:
All I know is, the thread title always reminds me of this song.


Just the good ol' boys,
Never meanin' no harm,
Beats all you've ever saw, been in trouble with the law since the day they was born.

Straight'nin' the curve,
Flat'nin' the hills.
Someday the moutain might get 'em, but the law never will.

Makin' their way,
The only way they know how,
That's just a little bit more than the law will allow.

Just good ol' boys,
Wouldn't change if they could,
Fightin' the system like a true modern day Robin Hood.
Click to expand...

Daisy Duke.....sigh. ;)



Years ago, when I was a foolish lad, I was pulled over at the bottom of the hill to my home. I was over the .08 CA DUI level. I consented to a vehicle search and showed respect to the officers. My car keys were taken, and I was warned that if the car moved before the morning, they would "come get me". Could they have? I don't know.

The last thing they said was "happy birthday". It was my birthday that night. I went to the PD station the next morning and got my keys.

By CA law, they should of arrested me. They didn't.

The moral of the story.......show some respect and it will usually be returned.

Since that incident, I don't drink and drive. That was my lottery win.



Strohsx said:
LIFE LESSON: when talking to police officers place hands relaxed at sides and say YES SIR to everything he says and simply tell truth and don't talk back. Easier you make on them easier they make it on you.
Click to expand...

Yup, well said.
 
#190
If the amps were off and no noise was being created a guest in the owners home doesn't have the right to do scale runs unamplified ???? If he said he was slapping and popping I would say "Oh well" but just as he said exercising his fingers isn't/wasn't making excessive noise.
 

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