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Noise complaint leads to MIP

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Bsogher

Junior Member
What is the name of your state? Oklahoma

A few weeks ago we had a party in our apartment. The music was too loud, and the cops eventually showed up. As most of the people there were minors, including me, they all hid in the back bedroom. Here's what happened as I can best remember it. There were two cops outside my door. They asked for my ID, which was in my bedroom, and I left their sight to go get it. As I was leaving I tried to shut the door out of habit and the cops yelled at me not to do that again and out there foot inside my apartment to prop the door open. I apologized as it honestly was a force of habit. I got my ID and came back. The cops then began chatting it up. There was an empty case of beer in their sight, and I repeatedly told them it was empty. They then ordered me to go get the case and bring it to them. I turned around and started heading for the case. At this point, the cops said I was leaving their sight and therefore were aloud to come in. My roommates friend had left a bottle of gin on the table. I told them it wasn't mine, that it was my roommate's friend that was 21. They said they didn't care and told me to pour it out. The whole time they're standing just inside the doorway.

My question is did they enter my apartment illegally? I had already left their sight once, and wasn't posing any kind of threat. They also were about 10 feet away from the liquor they're charging me with possessing, and never verified the contents. Now we had alot of empty bottles laying around because we were going to fill them with water and drop hiliters in them and put them in front of a black light. Is there any way out of the MIP? I get in trouble with my school too, so I would really not like to be charged with possesion alcohol that really wasn't mine. Thanks in advance.
 


CdwJava

Senior Member
Did you ask them to leave the apartment? If not, the fact that they followed behind you and you knew they were present can be seen as tacit consent. If they had a lawful right to be where they were, then the evidence seizure is good.

The question for a court MIGHT be, did they have the lawful authority to instruct you to return to your apartment to seize the empty beer for them. But what strikes me as odd is how they could see the empty beer and not the bottle of gin? If your door was open, then they had every right to stand in the doorway. And if they were in the doorway, the gin is in plain sight ...a nd you being under 21 are in constructive possession of it.

You can argue that it wasn't yours and that you had not consumed any of the alcohol and you just might prevail ... provided it's the truth and your 21-year-old roomie 'fesses up to it being his gin.

- Carl
 

Bsogher

Junior Member
I'm sorry there were two separate tables. The one with the empty case underneath was visible from the doorway, but the table in our kitchen was definately not. I also told them twice that I did not consent to any searches, if that helps with the tacit consent. The gin was actually my roommates friend's. If he does fess up, could he get in any kind of trouble?
 

CdwJava

Senior Member
Bsogher said:
I'm sorry there were two separate tables. The one with the empty case underneath was visible from the doorway, but the table in our kitchen was definately not. I also told them twice that I did not consent to any searches, if that helps with the tacit consent.
You said they were standing in the doorway of the apartment, so I would argue that they had a lawful right to be there. But, your attorney can argue that the only reason they were there was because they had instructed you to retrieve empty beers and that they did not have the lawful authority to compel you to do that.

However, unless you said, "No", to retrieving the beer or to their entering the apartment at all, then chances are not good for your side.

The bright side is that for a lot of money you just might be able to beat this. The down side is that the fine is probably far less than the cost of an attorney.


The gin was actually my roommates friend's. If he does fess up, could he get in any kind of trouble?
If the friend is underage, yes.

It sounds like your roomies need to be more careful who they share liquor with or allow in their apartment.

- Carl
 
S

seniorjudge

Guest
Q: My question is did they enter my apartment illegally? I had already left their sight once, and wasn't posing any kind of threat.

A: It appears to be a search incident to an arrest and they can search for their own safety but not (for example) in your sock drawer. The first time they let you out of their sight was dangerous and sloppy police work. Maybe they came to their senses by the time you got back. In any event, the booze, if it was in your apartment, was yours. If your roomie testifies that it was his, then the judge may or may not buy that story. It will also come out that there was a party going on which will make your story even less credible.
 

Bsogher

Junior Member
So telling them that I did not consent to any searches is not the same as saying no to letting them come in? I'm not being sarcastic I really am curious for the future. I also explicitly asked if it was an order to go get the beer case. I thought they could only request that I go get it, and as soon as they order than I have no control?
 
S

seniorjudge

Guest
Bsogher said:
So telling them that I did not consent to any searches is not the same as saying no to letting them come in? I'm not being sarcastic I really am curious for the future. I also explicitly asked if it was an order to go get the beer case. I thought they could only request that I go get it, and as soon as they order than I have no control?
I think Carl pretty well answered your questions.
 

Bsogher

Junior Member
Well I guess what's bother me the most was that to get to the case of beer under the table I didn't have to leave their sight. I did turn my back and go get it, but they ordered me to do it. When they suggested I go get it, I told them I did not consent to a search. But when a cop ordered me to do it, I wasn't going to refuse. So they can order me to leave their sight, and then use that to get in my apartment?
 

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