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Police charged my room mate because he answered the door

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gms5002

Junior Member
What is the name of your state? PA

Ok so the other night, a few people in my apartment building got a little rowdy and starting throwing beer bottles out the windows into the parking lot (This is near a college campus). Obviously, the police eventually showed up. Two officers came to my apartment door and starting asking my room mate who was throwing bottles from our apartment. Note that there were about 10 people in my apartment, but we were drinking mixed drinks in red plastic cups not beer from glass bottles. After a few minutes of denying it was us, the cop said the he "clearly saw someone in a white tank top throw a bottle from my apartment". Well nobody in the living room was wearing a white tank top so the cop said that he was going to come in and search our apartment for this person. My room mate and I refused citing the fact that the police did not have a search warrant. Hearing this the officer said that it was suspicious that we wouldn't let them come in and that they would arrest us if we didn't let them search. My room mate then said "arrest us for what?" and the cop responded with "harboring a fugitive". At this point the officers proceeded to push past us into the apartment. My friend who was sitting on the couch said "hey you need a warrant" and the officer responded with "shut up, if you want to be a jail house attorney, you can do that from jail". They then proceeded to search our apartment, going through the closets and and looking under beds for this mystery individual. They found no one in a white tank top there and threatened to give my room mate a citation if he didn't say who threw the bottle. Well none of us knew who threw the bottle because none of them came from our apartment. The officer told my room mate that he would be getting a citation in the mail. My room mate responded with "for what?" and the two officers just walked down the hallway and left without saying a word. Today, my room mate got a citation in the mail for about $450 for vandalism. We are going to plead not guilty for this, but somehow I don't think the judge will take the word of 10 college students over that of the police officer. How should we go about doing defending ourselves? Also, is a formal complaint against the officers justified in this situation? Should we do that before or after the hearing? We feel that they did not have the right to enter our apartment and also acted very unprofessionally by not saying what we were being cited with and also insulting my friend.

Thank you,
Greg
 


seniorjudge

Senior Member
...We are going to plead not guilty for this, but somehow I don't think the judge will take the word of 10 college students over that of the police officer. How should we go about doing defending ourselves?....

Who is "we"?

Anyway, you should get a lawyer.

Plead not guilty.

Have a trial.
 

Silverplum

Senior Member
...We are going to plead not guilty for this, but somehow I don't think the judge will take the word of 10 college students over that of the police officer. How should we go about doing defending ourselves?....

Who is "we"?

Anyway, you should get a lawyer.

Plead not guilty.

Have a trial.
I agree. You bunch don't have a snowball's chance w/out an attorney.
 

ajs09876

Member
Hmmm

Hmmm...

Ok so the other night, a few people in my apartment building got a little rowdy and starting throwing beer bottles out the windows into the parking lot
and

Well none of us knew who threw the bottle because none of them came from our apartment.
I suggest you get your story straighter than this before court. :D
 

seniorjudge

Senior Member
Hmmm...



and



I suggest you get your story straighter than this before court. :D
I think I actually understand this part.

Greg is saying, "A bunch of rowdys in Alcoholic Acres were throwing beer bottles but no one in Apartment 3Bourbon were throwing beer bottles."

Just a guess....
 

tranquility

Senior Member
I would absolutely file a complaint against the officers. Since you don't have any damages you won't have cause for a civil suit, but the police will be hard pressed to find an exigent circumstance in this instance and consent will be a stretch.
 

gms5002

Junior Member
I think I actually understand this part.

Greg is saying, "A bunch of rowdys in Alcoholic Acres were throwing beer bottles but no one in Apartment 3Bourbon were throwing beer bottles."

Just a guess....
Yes, that is correct. While we were aware that people were throwing bottles, none of them came from MY apartment therefore we didn't know who specifically was throwing them. Additionally, by "we" I meant my room mate and I as I would go to the hearing as a witness and we'd end up splitting the bill for this ridiculous citation if it stands.

Also, I talked to my room mate about the citation and it also includes causing a public disturbance and reckless endangerment. We (my room mate and I) were thinking about a lawyer, but seeing as it is only a $450 citation, wouldn't that be a little cost prohibitive (I haven't actually looked in the cost so correct me if I'm wrong)? This certainly is quite a mess. :mad:

Additionally, can someone please explain how it is that my room mate came to be given this citation in the first place. The police clearly said they were looking for someone in a white tank top, my room mate was wearing a red hoodie, and yes they made everyone show all layers of shirts they were wearing and no one had a white tank top on. The citation is actually for throwing the bottles etc, not renting the apartment that they allegedly came out of so I don't see how this is even a legitimate charge. Call me young and naive but I'm pretty sure that you can't give someone a citation for not knowing who was throwing bottles (If this is the case then why didn't everyone in the room get a citation?)

-Greg
 
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