Cops entering a house

[CdwJava]

A "resident" like someone who actually lives in the house? Not someone who pulls up to visit?

Correct. Unless they were in pursuit, they cannot force entry absent a search warrant for the guest residence or some articulated exigency.

So the code is b&p 25662 - I think...and then it looks like an A...I think

Two things in your favor ... One, the section only applies to a PUBLIC PLACE. Inside someone's home doesn't count. And, two, the fine is $250 and from 24 to 32 hours of community service if convicted - no jail time. Likewise, that generally means no public defender eligibility, either.

Bad news is that if convicted your license "shall" be suspended.

Which confuses me now - I looked that up to see if it was anything close or if I was reading wrong and that says stuff about public places?

That section does not appear applicable here unless you were in a yard that was readily accessible to the public. Any gate or fence, and it is likely NOT a public place. And if inside the house, likely NOT a public place.

I don't get it? It seems like B makes more sense...sort of...at a stretch.

Subsection (b) has to do with the seizure of the alcohol. It is not an offense.

Maybe they weren't real cops...

If they had badges, guns, police cars, and uniforms, they probably were. They just may not be all that experienced in such matters. I have seen MANY officers cite for 25662(a) at such parties when, in reality, it is not usually applicable. Sometimes the only person you can charge is the person holding the party.

And I have actually had that b&p25662A before so this would be second...so that's bad...

You haven't learned, yet??

That means a fine of $500 and 36 to 48 hours of community service ... and a license suspension. IF convicted. And, unless this is public property, that seems unlikely.

 

[sjjs]

Correct. Unless they were in pursuit, they cannot force entry absent a search warrant for the guest residence or some articulated exigency.

Well it didn't look like a pursuit. The cops did turn up pretty much right after the two friends arrived. If cops had been pursuing them...I don't think they'd noticed...

So, I've got a chance this whole thing might be dismissed? Because we were definitely inside a private house.

Since it would be my second offense - then it's a misdemeanor right? So, then do I become eligible for a public defender? (or is it the jail time thing that matters?)

And they can't change the charge to anything else before I get to court?

You haven't learned, yet??

...uhhh....I have no intelligent response to that...

 

[CdwJava]

So, I've got a chance this whole thing might be dismissed? Because we were definitely inside a private house.

Unless the charges are amended, I cannot imagine that they can get a conviction.

Since it would be my second offense - then it's a misdemeanor right? So, then do I become eligible for a public defender? (or is it the jail time thing that matters?)

It's potentially a misdemeanor even the first time, but typically handled in traffic court. But, without jail time being attached there should be no legal mandate that legal counsel be provided to you by the state.

And they can't change the charge to anything else before I get to court?

Yes, they can. But, absent a change to a local ordinance or some other code section that might apply, there's not much they can do.

See what happens when you go to parties and drink when you are under 21? And if you had been over 21 you might have found yourself being charged with either providing alcohol or contributing to the delinquency of a minor. If you intend to drink under 21, keep it at a private home with a couple of friends ... keeping quiet. When you are 21 and older, keep it to places where there are not minors or drunken idiots to attract the attention of the police.

 

[sjjs]

Yes, they can. But, absent a change to a local ordinance or some other code section that might apply, there's not much they can do.

So it's likely it can only get better...

Thanks for the responses and the good news!

If you intend to drink under 21, keep it at a private home with a couple of friends ... keeping quiet.

Yeah, that's what we were doing! Well, there were more than 'a couple' but we weren't bein crazy.

Good news is they didn't find the separate beer fridge while they were confiscating drinks...man, it really was amateur's night...

But yeah, I get ya. Thanks.

 

[CdwJava]

You don't have to be crazy to draw attention from the cops and the neighbors. All it takes is a couple of yay-hoos to be obnoxious, pee in the neighbor's begonias, or be a kid pounding back a 12 ouncer to draw attention.

 

[sjjs]

Yeah, we don't drink in full view or try to direct traffic. And we drink in this particular little part of the neighborhood because of who the neighbors are (like-minded). We keep it on the down low.

 

[CdwJava]

Yeah, we don't drink in full view or try to direct traffic. And we drink in this particular little part of the neighborhood because of who the neighbors are (like-minded). We keep it on the down low.

Obviously not down low enough.

Underage folks, and people with music or in the backyard drinking, tend to draw attention. When you are on the outside looking in, it becomes much more obvious than it is when you are there.

 

[OHRoadwarrior]

Sounds like it was probable a wanted fugitive was hiding in the home. I would say that qualifies. What if they were there and took you hostage. Would you want the police to have saved your life?

Well *&%$.

So it was obvious they thought our friend was someone else. And when he and the other guy came driving in the back - there is only one house that it goes to.

So if he looks like this guy (and when they were right in his face they still seemed to think he was this guy), and they have a warrant, and they know that person is in that house, or at least on that property, they can come and push their way in?

 

[sjjs]

Obviously not down low enough.

Underage folks, and people with music or in the backyard drinking, tend to draw attention. When you are on the outside looking in, it becomes much more obvious than it is when you are there.

I'm pretty sure they didn't knock on our door because we were drinking in there...I realize you don't know the area I'm talking about but I really can't figure out how they would have any idea of what was going on inside. (they didn't mention underage drinking until they saw the bottles)

Out of the neighbors, one house was empty, another set of (young) neighbors waved, and my house is the other one that borders on the house I'm talking about - and we were all at our friend's house (which is generally how it all goes)....And I can't see how anyone else knew anything...

I'm pretty sure it had to do with the friends who arrived. And it was unlucky that we were drinking aswell.

Sounds like it was probable a wanted fugitive was hiding in the home. I would say that qualifies. What if they were there and took you hostage. Would you want the police to have saved your life?

Uhh....I suppose if that unlikely event happened, yes. But it didn't...

You "would say" that qualifies...yeah, I'm gonna go with Cdwjava's CA assessment but thanks for the input.

 

[OHRoadwarrior]

LOL, I wasn't dumb enough to get the ticket. I don't mind if you prefer his assessment.

 

[sjjs]

I'm totally more unfortunate than dumb.

And also, Cdwjava doesn't seem to think it can stick so....seems I'm good as far as the law is written....