Was this cop allowed in my place?

[ElementDO]

What is the name of your state? Maryland
Over the weekend I had some friends over for a Halloween party and alcohol was being served. I knew the cops were going to come Ive dealt with them 4 times before coming to my place because of my neighbor across the street who hates me living there so when she sees more then 2 cars in my driveway she flips out and calls the police. Nobody hears noise in the whole area but her. I have asked all the other neighbors. She just looks outside and sees us, not hear us, and calls the police EVERY TIME. The place I was at was my fathers warehouse where we keep supplies for jobs. The cop pulled up while I was outside talking to a friend. I didn't panic and neither did my friend. I am 23 and he was 21 and my girlfriend who was by me was 23. I walked up to him nicely in my driveway and talked to him and told my girlfriend to go get my ID. He asked if there was any underage drinking and I said "no sir". Then he came up to my half open garage door (which I used to go in and out) and said "Okay well let me in". I said "you cant come in without a warrant or unless you think somebody is hurt sir". He said " I don't need a warrant, You either let me in or your going to jail". I said "You need a F_____ warrant to come into my F_____ng place. I have had cops here before and they said ok and just left cause I didnt let them in". So I screwed up there talking to a cop that way but he insisted to come into my place and I told him he couldn't and he was being arrogant with me. So I turned around and got cuffed. While he was walking me to his car my neighbor across the street (the one that always calls the cops on me) was out there watching me get arrested. I yelled at her "Are you happy now you old bitch!?". So the cop put me in the back of the cruiser for saying "f___" to him 2 times. So the cop went inside my place and saw 2 girls in there that were 20 and not of age. The cop was inside saying "I'm here because I don't like alcohol I hate it" my friends were telling me. So two other cruisers show up but DON'T go in my place. The one cop knew my brother (who showed up when all this happened) and the cop basically got me out of the cuffs and away from going to jail for the night. The cop who initially arrested me said "Okay I found 2 Underage people drinking in there I could give you fines for them but I'm not going to". Instead, the cop gave me something that looks like a speeding ticket saying " Disturbance of the Peace" and "Disorderly Conduct". He said I will get a court date in the mail and I was free to go.

Okay now with all that said here are my questions.

1. Was the cop legally allowed in my house?
2. Do I need a lawyer in court for this?
3. Will I have to pay court fees for this?
4. What is the worst that can happen to me in court?
5. Was me getting arrested necessary?

Thank you and any help is greatly appreciated. I have no record on me other than traffic violations which were nothing serious.

[You Are Guilty]

Originally Posted by ElementDO

Was the cop legally allowed in my house?

Completely irrelevant since you were not arrested nor ticketed for anything that he found inside your home.

Originally Posted by ElementDO

Do I need a lawyer in court for this?

That's up to you. (Do you have a law degree yourself?) Most people, when facing criminal charges, tend to prefer a lawyer with them, but that's not a requirement.

Originally Posted by ElementDO

Will I have to pay court fees for this?

If you plead or are found guilty, probably. If you work out a plea deal, maybe (its negotiable). If you are found not guilty, no.

Originally Posted by ElementDO

What is the worst that can happen to me in court?

If you post the exact statute numbers from the ticket(s) you received, we can tell you.

Originally Posted by ElementDO

Was me getting arrested necessary?

Sure sounds like it, but I wasn't there.

[racer72]

I said "you cant come in without a warrant or unless you think somebody is hurt sir".

Next time say this and you might save yourself some hassles.

I said "you cant come in without a warrant or unless you thing somebody is hurt or you suspect there is illegal activity taking place, sir."

[HomeGuru]

Originally Posted by racer72

Next time say this and you might save yourself some hassles.

I said "you cant come in without a warrant or unless you thing somebody is hurt or you suspect there is illegal activity taking place, sir."

**A: good one.

[ElementDO]

The numbers on my criminal citation are:
Document/Article: 10
Section: 201 (C) (2)

It reads:
Act in a disorderly manner to the disturbance of the public peace.

Thank you all so much for helping me out here. I really appreciate it.

[CJane]

Originally Posted by ElementDO

The numbers on my criminal citation are:
Document/Article: 10
Section: 201 (C) (2)

It reads:
Act in a disorderly manner to the disturbance of the public peace.

Thank you all so much for helping me out here. I really appreciate it.

But... that's what you DID when you were yelling obscenities on the streets.

[xylene]

Originally Posted by CJane

But... that's what you DID when you were yelling obscenities on the streets.

Swearing is not generally, in itself, sufficient to guarantee a successful conviction.

This police officer had his way. The hassle of the charges are enough punishment and demonstration of his power over adults.

[ElementDO]

I don't really think I deserved to be cuffed or anything. I did nothing wrong if you look at this. All I did was swear our of anger. Not directly at the officer anyways. Did he really have a right to come into my place? Should I get a lawyer for this? What do you all think?

[The Occultist]

Even if the officer didn't have a right to enter your home, that would have absolutely no bearing on your charge of public disturbance, none whatsoever. If you feel the officer acted inappropriate, you may call the police department (PLEASE dial the NON-emergency line, or an HR line if you can find one), and issue a personnel complaint against the officer. Again, however, doing this will NOT affect your disturbance case in the least.

[justalayman]

[*]Was the cop legally allowed in my house?

I do not believe so but as YAG posted, it is irrelevent.

[*]Do I need a lawyer in court for this?

Need; no. Want or prefer; yes

[*]Will I have to pay court fees for this?

If found guilty, I would suspect so.

[*]What is the worst that can happen to me in court?

(d) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.

[*]Was me getting arrested necessary?

Neccessary; no

Depending on the situation, the charge due to dropping the F-bomb twice on him may not be sustainable as charged. If you were loud and could be heard throughout the area, you are guilty. If it was said to him only and not in an overly loud manner, then I would contest the charge.

Contrary to earlier statements, the officer simply thinking there is illegal activity going on is not justification to enter the house without a warrant. Each situation has to be judged on an individual basis.

[CdwJava]

Originally Posted by ElementDO

[*]Was the cop legally allowed in my house?

Maybe. Whether he had justification to enter or not will depend almost entirely upon his articulated good cause. However, as previously mentioned, it may be largely irrelevant as the remedy is generally suppression of evidence found in the home, but if there is no evidence, then there is nothing to suppress.

Yes, you can sue for the violation, but that will take years to go through the system and you will have to pay an attorney every step of the way and HOPE you will get paid in the end. Without damages, it's not too likely.

[*]Do I need a lawyer in court for this?

To defend yourself against a criminal allegation? I would strongly recommend it.

[*]Will I have to pay court fees for this?

If you lose, yes.

[*]What is the worst that can happen to me in court?

Jail, probation, and fines. Others have posted what appears to be the specifics.

[*]Was me getting arrested necessary?

Probably not. But that is not the question. The question is: Was the arrest lawful?

Something can be unnecessary and still perfectly lawful.


- Carl