Mad Officer, Illegal Search, Illegal Ticket

[jim9799jim9799]

What is the name of your state (only U.S. law)? Spartanburg County, SC

Wierd, A police officer knocked on my door and asked me if she could come in and I said NO and walked out shut my door and asked what she needed. She walked off my porch and said if I wanted to play that way she would get a warrent and I said OK and walked back inside.

She stood there for a few minutes then walked around my house a few times, finally she knocked on my door and again I closed the door behind me and she said I was getting a ticket for littering (SC Code 16-11-700) This is clearly intended for people who litter on other peoples property.

She was just mad because I would not let her in my house.
I guess I will get a lawyer for this $470 ticket, but The question is
1. Does her walking around my house (curtilage) constitute an illegal search which violates my Fourth Amendment rights.

Im sure i will get out of the ticket, but Police should not be allowed to search your yard for no reason other than being pissed at you, and write a traffic ticket for littering in my own yard.

Thank you.
Anyone know of a lawyer interested let me know, otherwise phonebook here I come.

 

[justalayman]

1. Does her walking around my house (curtilage) constitute an illegal search which violates my Fourth Amendment rights.
.

generally, yes BUT the officer came to the house for a specific reason, or I would think so. They generally don;t just drive up to a house and ask if they can search the house without some reason.

Without that reason, it is impossible to determine if what the officer did was wrong or not.

 

[jim9799jim9799]

My Neighbor said my son stole her wallet and I was told that she was calling the police. Apparently the police lady wrote out a report and she came to my house. I told the rest.

 

[Zigner]

Is your back yard fenced?
Additionally, it's possible that the officer will claim she was searching for signs of the thie...err...I mean your son

 

[jim9799jim9799]

Interesting... No fence.

Even after she gave me my ticket she still never talked to me. Except to tell me I should have talked to her, which I was willing to do, just not in my house.

 

[Zigner]

Interesting... No fence.

No fence - not an illegal search as the area was open to public view.

Even after she gave me my ticket she still never talked to me. Except to tell me I should have talked to her, which I was willing to do, just not in my house.

You should have talked to her.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Spartanburg County, SC

Wierd, A police officer knocked on my door and asked me if she could come in and I said NO and walked out shut my door and asked what she needed. She walked off my porch and said if I wanted to play that way she would get a warrent and I said OK and walked back inside.

She stood there for a few minutes then walked around my house a few times, finally she knocked on my door and again I closed the door behind me and she said I was getting a ticket for littering (SC Code 16-11-700) This is clearly intended for people who litter on other peoples property.

She was just mad because I would not let her in my house.
I guess I will get a lawyer for this $470 ticket, but The question is
1. Does her walking around my house (curtilage) constitute an illegal search which violates my Fourth Amendment rights.

Im sure i will get out of the ticket, but Police should not be allowed to search your yard for no reason other than being pissed at you, and write a traffic ticket for littering in my own yard.

Thank you.
Anyone know of a lawyer interested let me know, otherwise phonebook here I come.

**A: you have no case. Did your son really steal?

 

[justalayman]

No fence - not an illegal search as the area was open to public view.
.

Not that I want to get into an argument but since when does the simple fact that your property is open to public view make it legal to wander around the property? If you want to use that as a determination, once a door is open, the interior of a house is viewable from a public vantage point.

It is still private property and trespassing is still illegal inmost states.

 

[jim9799jim9799]

Kinda where I was Going With It. She was searching was the point, no hot pursuit, no probible cause, just pissed.

 

[Antigone*]

Not that I want to get into an argument but since when does the simple fact that your property is open to public view make it legal to wander around the property? If you want to use that as a determination, once a door is open, the interior of a house is viewable from a public vantage point.

It is still private property and trespassing is still illegal inmost states.

This is coming from the King of the instigators. Just...your nose just zoomed passed my window as it was growing

 

[jim9799jim9799]

Im sure you think that was cuit, but I was looking for a more mature, adult answer.
Thanks

 

[Zigner]

Not that I want to get into an argument but since when does the simple fact that your property is open to public view make it legal to wander around the property? If you want to use that as a determination, once a door is open, the interior of a house is viewable from a public vantage point.

It is still private property and trespassing is still illegal inmost states.

If an officer sees a violation in plain sight, he can investigate further. Yes, if the door is open and the officer sees pot sitting on the table, he's got a bit of leeway.

 

[jim9799jim9799]

A violation... no violation, no probable cause for searching my property. The ticket was for littering in my own yard, which wont hold water in court. She may have well have given me a ticket for jaywalking in my own yard.

 

[Zigner]

A violation... no violation, no probable cause for searching my property. The ticket was for littering in my own yard, which wont hold water in court. She may have well have given me a ticket for jaywalking in my own yard.

There is SOOO much more to this story. I'll just leave it at the fact that the officer cited you for a violation that was in plain sight. Good luck in court!

 

[Willlyjo]

Is your back yard fenced?
Additionally, it's possible that the officer will claim she was searching for signs of the thie...err...I mean your son

I'm curious...why did you post "signs of the thie...err...I mean your son"? Are you insinuating the OP's son IS a thief? It seems you are. You don't know one way or the other, so why try to be funny by posting that? The OP wants an answer to his question ONLY. Not some off the wall insinuation where you somehow deduced that his son is guilty of stealing the neighbor's wallet.

Perhaps there is more to this story, but it is of no concern to you. The OP's question can be answered based on what is posted.