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  1. #1
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    MIC (4th Amend ?)

    Arizona

    Hello, I received a MIC because I admitted to drinking a Beer. I passed all test, was given no breath/blood test. I was never arrested, I just received the ticket.

    My concern lies here. The City of Flagstaff, AZ has no easement with my HOA and was not called by them. A officer walked around the house into the back yard and up to the porch. I was on a back porch and a officer walked up and detained me. He demanded to see my ID which showed I was 18, I had a beer which I poured out in front of him.

    Did he have legal authority to walk around back and detain me?


  2. #2
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    Most likely they can. All they need is an articulable suspicion (at the most) to stop you. Your admission is plenty of probable cause to issue the citation. A breath test is not required if you choose to incriminate yourself.


  3. #3
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    Quote Originally Posted by FlyingRon View Post
    A breath test is not required if you choose to incriminate yourself.
    Especially if there is an odor of alcoholic beverage on the breath of the individual.


  4. #4
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    Quote Originally Posted by DylanCosby View Post
    Arizona

    Hello, I received a MIC because I admitted to drinking a Beer. I passed all test, was given no breath/blood test. I was never arrested, I just received the ticket.

    My concern lies here. The City of Flagstaff, AZ has no easement with my HOA and was not called by them. A officer walked around the house into the back yard and up to the porch. I was on a back porch and a officer walked up and detained me. He demanded to see my ID which showed I was 18, I had a beer which I poured out in front of him.

    Did he have legal authority to walk around back and detain me?
    What do you suppose attracted the officer's attention? I would think it unlikely that officers walk around people's yards for no reason.


  5. #5
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    Quote Originally Posted by quincy View Post
    What do you suppose attracted the officer's attention? I would think it unlikely that officers walk around people's yards for no reason.
    Let me reiterate my question.

    Is there anyway the Officer violated my Fourth Amendment? I had gum in my mouth breath would've been masked. I'm not trying to defend that I was drinking. I'm wondering if my rights were violated enough to nullify my ticket.


  6. #6
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    Quote Originally Posted by DylanCosby View Post
    Let me reiterate my question.

    Is there anyway the Officer violated my Fourth Amendment? I had gum in my mouth breath would've been masked. I'm not trying to defend that I was drinking. I'm wondering if my rights were violated enough to nullify my ticket.
    And let me reiterate MY question. What do you suppose attracted the officer's attention?

    Whether any rights were violated depends in large part on what the officer was doing in your backyard and why.


  7. #7
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    Quote Originally Posted by quincy View Post
    And let me reiterate MY question. What do you suppose attracted the officer's attention?

    Whether any rights were violated depends in large part on what the officer was doing in your backyard and why.
    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.


  8. #8
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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.
    What time of day/night was this? Is the backyard open to the view of the neighbors? Could someone in your townhouse have called the police? Any fence or closed gate that prevents easy entry?

    As a general rule, the "curtilage" of a person's property (the area of one's property surrounding the house where the owner has a reasonable expectation of privacy) is considered private and should be free from police (government) intrusion without consent from the owner to enter, or without a warrant, or without exigent circumstances.

    More facts are needed to tell if your rights were violated but, based strictly on the little you have disclosed so far, it is possible that they were.


  9. #9
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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 wouldn't even know what LEO do in the case of a noise complaint, but it seems that you know the common practice well.

    Then again, I also answer the door when LEO knocks...


  10. #10
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    Do you live with your parents? Were your parents at home?


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  11. #11
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    Quote Originally Posted by DylanCosby View Post
    I had gum in my mouth breath would've been masked.
    You've not spent much time around people who have been drinking, have you? Gum wouldn't necessarily mask the sell of alcohol from your breath or your body.


  12. #12
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    had a beer which I poured out in front of him.

    Umm, how are you even making a 4th amendment argument about something the officer openly observed?

    "I was just holding it." is not a defense here.


  13. #13
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    I believe the OP if the act of entering the backyard by the officer was what the OP thought or thinks may have been a 4th amendment violation.


  14. #14
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    Quote Originally Posted by PayrollHRGuy View Post
    I believe the OP if the act of entering the backyard by the officer was what the OP thought or thinks may have been a 4th amendment violation.
    That is what appears to be his question and concern.

    The fact that the officer found him drinking in his backyard is not the issue. The officer entering the backyard to FIND him drinking is the issue. There could be a reasonable expectation of privacy on a backyard porch.

    With no additional facts to go by, it sounds as if the evidence gathered by the officer could be suppressed and the MIC ticket issued to DylanCosby could be dismissed.

    Of course, there could be a few pertinent facts missing from this tale that could change my assessment.


  15. #15
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    My concern lies here. The City of Flagstaff, AZ has no easement with my HOA and was not called by them. A officer walked around the house into the back yard and up to the porch. I was on a back porch and a officer walked up and detained me.
    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.


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