search and defamation

What is the name of your state? Massachusetts
While away from home at the hospital with my 13 yr old daughter, I allowed my 15 yr old daughter to have a five friends over. Another group of teens heard about the get together and showed up uninvited. They arrived with 2 twelve packs of beer. My 15 yr old told them to leave and when they did they left half of the beer behind. (some opened and some unopened cans) The friends that were invited left the beer in the screened house and then when they heard us driving up they were trying to get rid of it in the woods after we had gone in the house. Just as they were out getting rid of the beer the police drove up and the kids ran around the back side of the house and came in. The police came to the front door and wanted to know if we had kids over and if he could see the kids. I told him I would meet him in the backyard - I did not let him in the house. Upon finding beer the officer wanted all the kids outside. He questioned the kids and smelled NO alcohol on any of them but proceded to harrass the kids about the beer. I told the officer I would take care of it but he insisted on getting all of our names. I went in the house to get the phone so they could call their parents and the officer followed me in the house I then asked him to step outside and told the kids they could stay in the house. The officer told me if he had to go outside and the kids stayed in he was going to arrest me. Could he have? We all went outside. He then made the kids empty the beer cans and asked for the names of the kids that brought the beer. They gave up no names. The kids then went back in the house and I zipped up the screen house. The officer went over to unzip the screen house and I told him he could not go in there and he told he had the right to go in there. Did He?? When parents arrived he tried to tell parents that their kid had been drinking and I stoped him from saying that and kept asking him which ones smelled like beer and he finally said none but they were with the beer. He then told each of the parents that their kid had an attitude - just because they were asking questions and then told one of the parents that our house was a problem house and that I had a bad attitude. We moved to Massachusetts in December and have had a birthday party that got out of hand and we sent everyone home by 10:30pm. My husband is a sober alcoholic for 14 years and I drink an occasional glass of wine. Did he search illegally and was their liable defamation of my husband and I since he made false statements about us to a total stranger in our community?? And by the way my daughter did get grounded for a month for trying to hide alcohol.

For officer safety reasons, he can't let individuals he's investigating leave his sight, especially into a house where who knows what is in there. And when you zip up a screen in front of an officer and tell him he can't look, it makes it look like your trying to hide something, and for officer safety reasons, he should check it. Your kid should have just trashed the beer in your garbage can instead of running around the woods with it trying to hide it and looking guilty at the same time, unless she had something to hide? Are you ABSOLUTELY sure she ain't lying to you?

While you MAY have a weak case for defamation, you would be better served to file a complaint against the officer's conduct with his superiors.

Although his search was legal in the circumstances, his conduct in relating his personal opinion in light of no arrest was not.

[JETX]

"The officer told me if he had to go outside and the kids stayed in he was going to arrest me. Could he have?"
*** Yes. Called 'obstruction of justice' or 'interfering with a police officer'.

"The officer went over to unzip the screen house and I told him he could not go in there and he told he had the right to go in there. Did He??"
*** Assuming that he was still in the process of 'investigation', yes.

"He then told each of the parents that their kid had an attitude - just because they were asking questions and then told one of the parents that our house was a problem house and that I had a bad attitude."
*** Sounds accurate so far!!

"We moved to Massachusetts in December and have had a birthday party that got out of hand and we sent everyone home by 10:30pm. My husband is a sober alcoholic for 14 years and I drink an occasional glass of wine."
*** And exactly what does ANY of that have to do with this incident??

"Did he search illegally and was their liable defamation of my husband and I"
*** No.

"since he made false statements about us to a total stranger in our community??"
*** EXACTLY what statement do you say was false?? I don't see anything in your post.

"And by the way my daughter did get grounded for a month for trying to hide alcohol."
*** Good.

Which part of the statement was false? Hello, we had a birthday party and 100 kids showed up uninvited in our back yard we immediately sent them all home and called the parents of the kids that were suppose to be there and informed them of the situation and everyone was gone by 10:30. The cop showed up as we were waiting for the last parent to arrive. That was incident #1 and this was incident #2. How does that make us a problem, that he can go around telling people in our community that crap?? The cop intentionally slandered us and our reputation in front of people in our community!! That is Liable Deformation. We have 3 sets of parents that will make statements to this fact.

How do you figure that I had an attidude, or the kids for that matter? After he smelled the kids breath, I asked him, which kid had beer on their breath? He would not answer me. My husband asked, he would not answer. The kids asked and he just gave us a smart ass look and said he was going to arrest me for buy alcohol for minors. Which I did not and would NEVER!! I was sticking up for a group of kids who did not have beer in their hands or on their breath and the cop was ready to convict right then. We are so quick to want to persecute our teens. Did we not do one dumb thing as kids? Yes I agree they should not have been hiding and running into the house if they didn't have anything to hide, but the fact remains they were NOT drinking!!! Arn't we innocent until proven guilty? I just think the officer over stepped his bounds and I will be taking it up with his superior. Since he is putting us on record I will put him on record also. Why was it necessary for him to call all the parents? My husband and I said we would take care of the situation. Or is it a law to call all parents when a minor is in the presence of alcohol. If this is the case then the police can investigate any household where there are kids and adults that do drink. What really is the law in this situation?

[JETX]

Does everyone else see the complete contradictions between the FIRST post made by the writer and the last post??

First post:
"While away from home at the hospital with my 13 yr old daughter, I allowed my 15 yr old daughter to have a five friends over. Another group of teens heard about the get together and showed up uninvited. They arrived with 2 twelve packs of beer. My 15 yr old told them to leave and when they did they left half of the beer behind. (some opened and some unopened cans) The friends that were invited left the beer in the screened house and then when they heard us driving up they were trying to get rid of it in the woods after we had gone in the house. Just as they were out getting rid of the beer the police drove up and the kids ran around the back side of the house and came in. The police came to the front door and wanted to know if we had kids over and if he could see the kids. I told him I would meet him in the backyard - I did not let him in the house. Upon finding beer the officer wanted all the kids outside. He questioned the kids and smelled NO alcohol on any of them but proceded to harrass the kids about the beer. I told the officer I would take care of it but he insisted on getting all of our names. I went in the house to get the phone so they could call their parents and the officer followed me in the house I then asked him to step outside and told the kids they could stay in the house."

And this LAST post:
"Hello, we had a birthday party and 100 kids showed up uninvited in our back yard we immediately sent them all home and called the parents of the kids that were suppose to be there and informed them of the situation and everyone was gone by 10:30."

Kind of makes you wonder which story is correct, doesn't it???

[stephenk]

Jetx, my friend. I think the poster is describing a prior incident that happened at their house. The 12 pack incident is the second time the police had to show up resulting in the remark that the poster's family is trouble.

To the poster: It isnt defamation if you have not been financially harmed by the statement and more importantly, if no one believes the statement about you. Since it was said in the presence of your friends and they dont believe what the officer said, you have not been defamed.

Your initial post was that you and your kids denied the beer belonged to you but when the officer asked where the beer came from, no one would answer the officer. How is that being cooperative?

Just because you said you would take care of the issue, doesnt relieve the officer from his duties. He is clearly entitled to notify the other parents that alcohol was at your house WITHOUT an adult being present. Be glad that he did not give a citation to your daughter and the other kids for being minors in possession of alcohol.

I think you should be more careful about leaving your daughter alone at home.

By the way, why did the police come to your house in the first place?

[JETX]

"Jetx, my friend. I think the poster is describing a prior incident that happened at their house. The 12 pack incident is the second time the police had to show up resulting in the remark that the poster's family is trouble."
*** Though that might be possible, I think it is unlikely. A review of both 'incidents' shows some commonality:
- both ended at 10:30
- both ended with police being called
- both ended with underage beer.

In any case..... if this is TWO separate incidents, I would think that the one common denominator "daughters party" would sort of indicate where the real problem is..... the beer just didn't MAGICALLY appear. It was PLANNED!! Hell, the daughters probably collecting three bucks a head at the door!