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  1. #16
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    Quote Originally Posted by justalayman View Post
    I don't know if it was misuse of the term easmement or if
    Maybe there might be some easement owned by the hoa that might have alllowed
    the cop to have a vantage point that allowed the cop to see the kid drinking.

    Maybe op will return to answer some of the questions asked and inferred.
    I have no clue what the HOA or easement have to do with Dylan's concern, either.

    Even IF an officer sees from a public vantage point someone drinking in their backyard, that does not mean the officer has the authority to enter onto the private property, demand ID, and ticket a person for underage drinking.

    There HAS to be important facts missing.


  2. #17
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    Quote Originally Posted by DylanCosby View Post
    A unidentified person called the Police with a noise complaint. No one came to the door when they arrived. Usually they leave a 120 day tag. However the officer said he heard someone laugh in the back yard. (All the town homes are in close proximity. We are on the end)

    He walked back around the house and to the back porch where we were.
    I believe he would be able to justify this as "probable cause."


  3. #18
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    Quote Originally Posted by not2cleverRed View Post
    I believe he would be able to justify this as "probable cause."
    That, after the officer tried to contact the homeowner first by knocking on the front door, appears to be the only justification the officer has to offer for going into a private backyard (without consent or warrant) to investigate a noise complaint. But I do not see any exigent circumstances (an emergency requiring swift action to prevent imminent danger or serious damage to property).

    A noise complaint does not seem to rise to that level.


    Last edited by quincy; 09-13-2017 at 05:01 PM.
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