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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 06-07-2008, 11:11 AM
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Join Date: Jun 2008
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Policemen entered home without consent


What is the name of your state? Iowa

Hello,

Some of my friends and I were having a birthday party last night. The police department received a compliant phone call from our neighbors stating that there were loud noises and underage drinking. The party was held in our back yard on our porch. There were three officers that came straight to our back yard demanding everyone to be quite and ask for the owner of the home and arrested the owner without telling him his rights and the reason why he's being arrested. The officers did not knock on our door and ask the owner to keep loud noise down or a warrant before entering. Can we do anything to help the ones that got arrested? And can we do any legal action against those officers?

Once again, the party was being held on private property. And there were some underage drinker.

Thanks!
  #2  
Old 06-07-2008, 11:21 AM
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Location: Somnambulist University
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Quote:
Originally Posted by DaoNguyen119 View Post
Can we do anything to help the ones that got arrested?
Yep, you can can bail them out.

Quote:
And can we do any legal action against those officers?
Nope. Not only did they do nothing wrong, but unless YOU are the owner of the property, you have no standing in making a complaint.
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 06-07-2008, 11:33 AM
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What you mean they did not do anything wrong? Please explain... One, the officers did not state the miranda rights to whom they arrested. Two, barching on private property with no plain site of the party (The house has tall wood fenched around the property).

Please explain more in details.
  #4  
Old 06-07-2008, 11:57 AM
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Join Date: Aug 2004
Location: Southern California
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Quote:
Originally Posted by DaoNguyen119 View Post
What you mean they did not do anything wrong? Please explain... One, the officers did not state the miranda rights to whom they arrested.
Miranda is only required when a suspect is going to be questioned subsequent to an arrest,,,,,, or, when filming a fiction based police activity that will be played on TV or in the movies.
Quote:
Two, barching on private property with no plain site of the party (The house has tall wood fenched around the property).

Please explain more in details.
Wow, I had no idea they were "barching",,, I'm not sure if that's legal or not.

How would you know whether or not they tried knocking on the door before coming into the back yard? It is usually difficult to get the attention of residents when they are throwing a loud party.

If there is a tall wood fence around the property, are you saying they had to climb over it?
Would climbing a high wooden fence be considered "barching"?
Sorry, I'm just not familiar with your local collocialisms....
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  #5  
Old 06-07-2008, 12:06 PM
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Location: Somnambulist University
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Quote:
Originally Posted by DaoNguyen119 View Post
What you mean they did not do anything wrong?
Should be obvious.

Quote:
the officers did not state the miranda rights to whom they arrested.
Miranda is required only when the suspect is being questioned while in custody. Your assumption that it is required in every arrest is too much television.

Quote:
Two, barching on private property with no plain site of the party (The house has tall wood fenched around the property).
I assume you mean 'barging' and 'sight' (which may explain your other failures to understand). The officers have an obligation to investigate the complaint... even if that includes entering the backyard of the property to do so.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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