• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Policemen entered home without consent

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

DaoNguyen119

Junior Member
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!
 


DaoNguyen119

Junior Member
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.
 

outonbail

Senior Member
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.
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....
 

JETX

Senior Member
What you mean they did not do anything wrong?
Should be obvious.

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.

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.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top