Police enter house and arrest people without permission

[BigWill]

What is the name of your state? Nebraska (Lincoln)

So I started recording this video after my buddy answered athe door. The police were there on a noise complaint. We had about 10 people over and were in the garage smoking. When he answered he refused to come outside(here its common police will trick you to come out then cuff you). So the police simply opened the screen door and grabbed him and cuffed him. I see all this happen and i start recording. The police started trying to enter the house so my friend was holding the door. We were pretty mad because they had just grabbed my friend out of the house and arrested him. So we are arguing with the cop (yeah not a good idea) trying to get him to leave. He had attempted to let himself in the house. At some point he gets angry and welcomes himself in the house and arrest the guy behind the door. Towards the end I also get arrested for "resisting arrest" at no point did I resisst. He simply walks up to me and says that I am under arrest, I asked why and he says for resisting arrest.

Do we have any rights here? They let themself in the hosue without a warrant, the grabbed the guy right when answered the door and pulled him outside.

I assume this is not legal?

This was also their first visit to the house, normally, they give a warning first and if they get another complaint come back and issue a ticket for disorderly house.

Here is a video of what happened, minus the first guy getting arrested: http://www.youtube.com/watch?v=HFl-YN26kw8

 

[BL]

They arrested people without permission ?

Ok . Ok .

Your Friend opened the door . Trying to push it shut after the fact one occupant had already been arrested , is/was just more incentive for the police to find out what was going on in there .

 

[BigWill]

I was not referring to the arrest part when I said without permission. I meant they let themselves in.

When the guy answered the door at first he refused to go out side. They opened the door, grabbed him, and pulled him out. I guess I was being too specific.

 

[BL]

He had already answered ( opened the door ) .

Then he disobeyed a police officer .

 

[CdwJava]

An arrest can be made in the threshold (i.e. at the door).

All of your attorneis can make the appropriate motions to dismiss if charges are filed.

- Carl

 

[msiron]

ahh the power of video.

Did you note the one with the flashlight who likely caught a glance of the camera and was aware that the video was going. He stayed put.

Ask for an apology too.

Were they actually arrested and taken to be booked? Resisting arrest for what charge?

 

[CdwJava]

Note that very often the charge for "resisting arrest" may be the same as for obstructing or even delaying a peace officer. While it is called "resisting" one need not actually BE resisting to be arrested (depending on the law in your particular state).

- Carl

 

[BigWill]

ahh the power of video.

Did you note the one with the flashlight who likely caught a glance of the camera and was aware that the video was going. He stayed put.

Ask for an apology too.

Were they actually arrested and taken to be booked? Resisting arrest for what charge?

That was not a flashlight. That was a stun gun.

I was arrested for resisting arrest. Yeah I was taken to jail, 4 of us were for about 3 hours before posting bail. They later added "inmate of a disorderly house" to all of our resisting arrest charges. The guy who lived there got maintaining a disorderly house (the one who was pulled from the door)

 

[BigWill]

Note that very often the charge for "resisting arrest" may be the same as for obstructing or even delaying a peace officer. While it is called "resisting" one need not actually BE resisting to be arrested (depending on the law in your particular state).

- Carl

Ah, I guess that explains how I got that charge.

Either way consulting a local lawyer tomorrow to see what he says.

 

[The Occultist]

Let us know what the attorney says and keep us posted on your situation.

 

[tranquility]

Payton v. New York, 445 U.S. 573, 100 S. Ct. 1371 (1980) and the related case of Harris stand for the proposition that the threshold *is* a bright line which cannot be crossed to make an non-consentual arrest absent a warrant or probable cause *and* exigent circumstances. Some circuts (Like the one Carl works in, the 9th.) have allowed for arrests "in" the threshold based on a person voluntarily giving up his reasonable expectation of privacy by opening the door. I'm not sure the OP's circut has gone that far. Besides, even in the 9th, there would need to be a distinguishing from the case law based on the fact:

So the police simply opened the screen door and grabbed him and cuffed him.

I don't think there is any case law exactly on point and in U.S. v. Vaneaton, 49 F.3d 1423 (9th Cir. 1995), the dissent pointed to this very possibility if the court decides the arrest in the threshold was legal and thought that, if true, it would be near impossible to have any limitation on the police entering a home. What if there was a window? Anything which can be percieved could have been voluntarily exposed to the public under the case's reasoning. If the arrest was for important things, this would go through appeals even in California. I don't believe the OP's circut has a similar ruling. (Although I didn't do more than a cursory search.)

We could go on an on, but would need to get into the nitty gritty of the facts. The bottom line is the first arrest *may* be legal in some circuts. The second arrest would depend on if the first was legal. The police could claim they were doing a search contemporaneous (or wanted to) to the arrest within the reach of person one. (Including inside the house.) and were legally inside the house when they made the second--as the second person was clearly not giving up his reasonable expectation of privacy just by being by a door which was opened. (Although he may or may not have standing to claim a problem based on his status.) The OP has given no where near enough facts to see if his arrest was valid even if the police were legally inside the house based on other reasons.

 

[Blaker]

Don't open the door for noise violation, no matter what they say. Let them leave the summons on your door, since they're going to give you one when you open the door anyways.

 

[tranquility]

I'm sad that I have to agree. If the police come knocking at your door and you didn't call them, I'd talk through the door.

 

[BL]

I'm sad that I have to agree. If the police come knocking at your door and you didn't call them, I'd talk through the door.

You don't even have to talk or answer the door .

 

[tranquility]

I agree. But, still, in my heart, I LIKE the police. Even though there seems to be more and more incidents of them abusing their authority.