can i get out of this MIC

What is the name of your state? Kansas
I was outside and earlier i was drinking, then the cops showed up on a noise complaint, the cops then proceded to look around the house, the house i was at was my friends house and there were 3 other ppl inside at the time, the cop then proceded to go on the porch and walk into the house without knocking or asking permission to begin with, the cop then ordered everybody to come outside and gave everybody a breathalizer, i failed and anouther friend failed, he then asked me and my friend who bought it for us, i told him i took it from my mom and the other person wouldnt tell who took it, he then said "ok put your hands behind your back" then he handcuffed us and took us down to the police station where he then at the police station read me my rights and gave me another breathalizer and wrote up some paper work and sent me home. now doesnt he have to read me my rights before he arrests me, and i know that he has to get premission before entering the house. now is there any way i can get out of this mic??

now doesnt he have to read me my rights before he arrests me,

Really? Boy, I guess I missed that episode of "Law and Order".

i know that he has to get premission before entering the house

And how do you know that? Was the door open? Was there noise coming from the house? Were you outside and smelling of booze? Were you within a close enough distance to hear any exchange that might have taken place on the porch?

In other words, you don't know anything. You were on the lawn. And even so, the police were called to the scene of a disturbance. They investigate that disturbance. In the process of investigating they discover a secondary crime. No illegal search as it was in 'plain view'.

Sorry, this episode of "Law and Order" had it wrong.

now is there any way i can get out of this mic??

Yep, hope the cop dies before you have to go to court. You have nothing.

first of all no the door was closed, and there was no noise comming from the house what so ever! and the only thing they found that brought them to asking about boose was there was a beer can on the side of the house. Ive been reading though these forums and i have found no helpfull info about anything whatso ever. so if your just gonna be a smart @ss and jerk me around and your not a current employee in a law posistion dont post, cuz i want to know the truth. and i know for a fact that the police cant just walk into your house without asking espcially if they didnt even knock!!!

I was outside and earlier i was drinking

the cop then ordered everybody to come outside and gave everybody a breathalizer

i failed and anouther friend failed

then he handcuffed us and took us down to the police station where he then at the police station read me my rights and gave me another breathalizer and wrote up some paper work and sent me home

These are the only salient facts of your case. And just because the police officer entered the house does not mitigate your crime. From your own post, everything pertaining to the arrest for Minor in Possession occurred outside the house so you have no case and there is no 'poisoned fruit'.

As for your mistaken impression that your rights must be read to you before you are arrested, wrong again. Rights must be given 'incident to' and arrest. That means, in plain english, that after an arrest the arrested party must be informed of their rights.

It does not mean IMMEDIATELY after within 5 seconds but can be upon booking, which occurred in your case.

in other words, go pay an attorney $500 to get the same answer. It's no sweat off my balls. You're the loser.

Stop running from your stupidity and pay the damn fine.

The house was not yours so why do you care if they entered it, legally or not? You were on the lawn drinking. You are under age. You admitted to having the liquor and stealing it from your mom. You failed the breath test twice. Your rights were read to you at booking. So what's your problem? Although you probably won't, learn from this!

Why should he care that it wasn't "his house" that the cops walked into? Because, next time, it could be!

1.) If the door was closed, and 2.) there was no longer excessive noise audible to the officer, then 3.) he should have knocked and informed the occupants that there had been a complaint.

At that point, if he observed alchohol containers in plain sight, and determined, by questioning, not osmosis, that there was no adult present, then he's acted like a professional and done his job correctly.

The young man's amazement that the cop just walked in, is understandable, because we're spoonfed this myth, from birth, in this country, that:

1.) we have "rights" that protect us

2.) That cops obey the rules

As a forty-something, recent initiate into the REAL world of how law inforcement works, I say "believe your eyes, kiddo," and don't lull yourself into believeing that this was just one cop not following the script of that fairy tale we're all brainwashed into believing.

Believe this: If a cop comes to your door and wants to come in, for whatever reason, and you think you have nothing to hide, don't let your naivete convince you that it's a good thing to be cooperative.

They are not there to be your friend, they will and do lie to your face to try to manipulate you. If they tell you that unless you let them in, they'll post an officer at the door, and no one will go in or out, until they get back with a warrant - Call their bluff! If they had anything they'd already have a warrant!

The minute they get in, they can use their knowledge of your environment to create a case.

Know, not only your rights, but know how you are going to respond when an encounter with law enforcement happens. And be prepared to pay a price for asserting your "rights", because you're damned if you do, and damned if you don't.

With most cops there's an "us against them" mentality, and they don't have any problem with lying, and are not prohibited from doing so, in the course of their investigations.

The truth is, that they have the power to ruin lives , and there isn't a whole lot you can do about it, if you're unlucky enough to wander into their crosshairs. And when it comes to who's going to be believed, a cop's word will win out over yours, whether it's the truth or not. And while I still believe that most of the people who are charged with a crime, commited a crime, I am much too aware of the ease with which an innocent person, can also be accused and convicted because they were inplicated by someone trying to save their own ass.

Don't you just love it. Criminals giving criminals advice

did I state anywhere that the events described happened to me? I have never been arrested, but I have been witness to the abuse of the power that comes with the badge, when it is accompanied by an attitude that you seem deeply invested in:

the assumption of guilt.

It has tainted your perception of all persons who come into contact with the criminal justice system.

It doesn't appear to even enter your mind that there are some cases of false arrest, manufactured evidence, misinterpreted evidence, just plain mistakes and that a certain number of innocent citizens find themselves caught up in the judicial system at the mercy of *******s like you, another member of the "us against them," club.

I have simply become all too aware that no one is safe, it could happen to any one, at any time, and believing that you will be treated as "innocent, until proven guilty", is a myth. And so is every other blind illusion we are taught to buy into.

Even the lawyer's don't believe it, as you illustrate so nicely!

Quite frankly, I don't believe a word the kid had to say. He's a thief and a drunk and has no credibility.

I agree that there are bad cops, just as there are bad people in every profession. Knowing your rights and exercising them is your duty as a citizen. But this is a punk kid with an attitude that needs to learn his lesson.

[HomeGuru]

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punk kid my ass, im hardly ever in trouble, and about being the thief you got it all wrong you think i would really rat somebody out, no, and what crap about an attitude, i never argued with the cop i never gave him, i abided by everything he had to say, and i questioned one thing which he asked me, which is my right at a citizen!!! now i think that you and just about every body else out there has done something somewhat illegal, and i know that just about everybody out there as drank under age or smoked under age, and even more worse things such as illegal drugs, now ive never went past drinking, such as smokeing, but i know ppl have, so maybe you should think about who ur calling a punk ass kid, cuz your probablly retaining to over a couple million ppl including yourself, and in my town every cop is a bad cop, they you over as often as they want, ive been lied to a couple times by a cop in my town, and im not puttin up with there anymore, i will exercise every single right i have against these guys, everything from asking to see the radar gun when they pull me over for speeding to refusing to take a breathalizer. so dont n put me dont until you aucutally know me.

youre coming to the wrong forum for advice kid...most of these people think they are holier than thou and dont have any legal training...

you may want to consult an atty to see if there are ways to get out of the ticket, sounds like its a really minor violation...rule: dont drink while underage!

cops dont need to read you your rights unless/until there are 2 elements concurrently present: CUSTODY AND INTERROGATION

So they can interrogate you BEFORE they cuff you, without reading your rights. And once they cuff you, if they dont ask questions but you talk anyway, thats your bad....but they cant interrogate you while you are in custody wo reading your rights..

im an atty, and its unfortunate this forum is a wasted resource as the responses you get are generally from losers. Good luck!

Yeah what he said. Your a lame to come to this site and reply to people's posts about them having misunderstandings about the law and get off on it. I bet you were a nerd in school and this is how you are getting everyone back for beatin your ass and takin your lunch money. Find something better to do lame...

[CAPrincess]

You said this: "I was outside and earlier i was drinking, then the cops showed up on a noise complaint,"

And then you said this: "and there was no noise comming from the house what so ever!"

So which is it?