Explanation of 4th amendment violations

[Dane1976]

What is the name of your state? Arkansas

I am a student living in off-campus housing at the University of Central Arkansas in Conway, Arkansas. Conway is a dry county. My situation is as follows:

Police officers showed up at our residence and told us that a loud noise complaint had been made. At the time, no music was turned on. I opened the door partially. The officer standing outside told me to open the door all the way. I assume to gain a view of the inside of the apartment. No alcohol or any other indication of a crime was visible.

After this, the officer came into the apartment without asking consent. The apartment is leased by the University of Conway. Then it is sub-leased (if this is the correct word, we have a legally binding lease that cannot be broken for 9 months with the university) to the students.

In the back room--not visible from the door--there were empy alcoholic containers. They officers then asked if there was alcohol in the refridgerator. I answered their questions honestly and fully. Took out all the alcohol after they told me to open the doors to the refridgerator.

I am twenty-seven years old. There are also minors in the house. I neither purchased or even provided this alcohol to the individuals. Although they threatened the possibility of charging me with contributing to a minor they did not.

But one of the individuals in the house was ticketed with a minor in possession citation.

My questions are as follows:

Is it a violation of the 4th amendment or any other law concerning search and seizure to enter into a residence without consent or visible evidence of a crime upon initial inspection? Or is consent by the University enough since the original lease was made by them (even though we have a legally binding lease with the University)?

Can I be told to open my front door more?

If a loud noise complaint was never actually called in and the officers responding merely used this as a pretense to make contact with the individuals in the house, is this a violation of the 4th amendment?

This will have a court date of around the first of January. Any advice concerning this would be appreciated.

Please not that there are two different kinds of housing. On-campus housing and off-campus. The apartments we are in are considered off-campus although they are in located close to the campus.

The law enforcement officials involved are the University of Central Arkansas police.

Thanks,

Dane

 

[calatty]

Sounds like an illegal search to me. The problem is that by the time the police write up the report, the facts will look different: the empty containers will be visible from the doorway and you will have given your consent to them looking around.

 

[cjabg]

It does not sound like a definite illegal search. The one thing I was looking for in the post I didn't see.
You have to make it completely clear to the officer that "No officer, you do not have the right to enter" you make it sound like they asked you to open the door,(you did) then they waltzed in with no resistance. If you feel tricked, thats becasue you were and that is perfectly legal. There wasn't major harm done here, just learn from this. Your home is your kingdom, no one may enter your home without a warrant unless exigent(emergency) circumstances exist. If you open the door the police can use illegal material in sight to enter. Next time, "hopefully never" loudly voice your oposal and excercise your constitutional rights.

 

[hexeliebe]

The apartment is leased by the University of Conway. Then it is sub-leased (if this is the correct word, we have a legally binding lease that cannot be broken for 9 months with the university) to the students.

In which of the units do you reside? Brentwood, Clifton, College Park, College View, Chapel Ridge, Elibebeth, June Beene, Mansard, Martin St., Martin St. House or Oak Tree?

And read your agreement with the housing office.

If you want a valid opinion then type the entire agreement here.