Possible Illegal Search?

[wyldechylde85]

Michigan.....After returning from a party, 5 friends and i were just hanging out at a girls house when 3 officers showed up, for a supposed noise complaint. The resident stepped out, and I followed, just to answer any questions the officer might have had. We had all been drinking, including an 18 year old, but he was nowhere in sight. The rest of us are all of legal age. Anyway, the officer told the resident that he wanted to come in. I asked him if he had a warrant. He asked if I lived at the place, and I said that no, that's irrelevant, and asked him again if he had a warrant. He then threatened to ticket me with a drunk and disorderly. Then I asked him to answer a simple question, whenceforth one of the officers placed my arm behind my back and pushed me out into the hall, separatiing me from the resident. Eventually at least one of the officers entered the residence and searched the place, finding a minor who had been drinking. The minor was ticketed and let go, and nobody else received a violation of any kind. I know that permission wan never given to search the place, and I am wondering what legal action, if any, can be taken against the police department. Thank you whomever answers this.

[FlyingRon]

Originally Posted by wyldechylde85

Anyway, the officer told the resident that he wanted to come in. I asked him if he had a warrant. He asked if I lived at the place, and I said that no, that's irrelevant, and asked him again if he had a warrant. He then threatened to ticket me with a drunk and disorderly.

Not being a resident or owner of the property you have no business interfering with the police investigation. I suspect you were being disorderly

Then I asked him to answer a simple question,

Cops are not the Free Advice forum. They do not live to answer questions.
[/quote]
I am wondering what legal action, if any, can be taken against the police department. Thank you whomever answers this.[/quote]
File a complaint if you care too, but I see nothing here that is improper. If the resident gave consent to the search, that's all that is required. They are certainly not required to allow you to keep inserting yourself in the middle of their valid questioning of the property resident.

[wyldechylde85]

I know that permission wan never given to search the place, and I am wondering what legal action, if any, can be taken against the police department...Thank you flyiingron, but if u would have read the end of my post, you're answer may have been more insightful.....the resident never gave permission....thanks again

[Andy0192]

I can see that you believe the resident never gave permission, but seeing how you had been drinking, and were also somewhat "occupied" during the time the officer was questioning the resident, is it possible that you simply did not hear the resident give permission to the officers to search?

Turn it around & view it from a judge's perspective.

[cyjeff]

Originally Posted by wyldechylde85

I know that permission wan never given to search the place, and I am wondering what legal action, if any, can be taken against the police department...Thank you flyiingron, but if u would have read the end of my post, you're answer may have been more insightful.....the resident never gave permission....thanks again

You don't know that.

You were separated from the only person present that had the authority to allow the search.

Unless he/she had a tape recorder running, it would be a drunk's word against the officer's.

[CdwJava]

Originally Posted by wyldechylde85

I know that permission wan never given to search the place, and I am wondering what legal action, if any, can be taken against the police department...Thank you flyiingron, but if u would have read the end of my post, you're answer may have been more insightful.....the resident never gave permission....thanks again

You have no standing to deal with the issue of an unlawful search. The only people that can deal with that issue is the resident and, perhaps, the person who was arrested as a result of the search. Your actions took place in front and in an ostensibly public place. If you have been charged with a crime, you must first seek legal counsel to address the criminal allegation. if the charges against you are dismissed or you are acquitted, you may consult legal counsel to see if you have a potential case against the police for an unlawful arrest. Note that the probable cause to support an arrest is MUCH lower than the burden of proof necessary for a conviction, so even if charges against you might be dropped or you are acquitted, this should not be seen as proof that you were wrongfully arrested.

- Carl

[cyjeff]

I will state that most judges do not appreciate drunken children telling officers what their opinion of the law is....

Especially when you have no business in the current situation at all.

No, it doesn't matter that you WANTED to be a part of it or that you thought you SHOULD be a part of it.

All you were is a drunken fool with a mistaken idea of his own importance. Officers don't suffer fools gladly.