Arrest, Search, Seizure, Warrant police officers

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DeShell

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I have a situation. My family and I had a big get together at my house. It lasted all day long, towards the end of the day someone called the police for an unknown reason. There was no loud music or anything. We were sitting in my garage. I would like to know the law on how far the police officers could have come. The came in my garage asking everyone for ID's etc... For some unknown reason the officer felt he needed to call for backup. At anytime did he ever say what the problem was (loud music, loudness etc..) My boyfriend was in our back yard running towards our house to come in. Officers came from the back and the front of my house. They tackled him to the ground and arrested him and took him to jail for resisting law enforcement. Is there any law against the officers running all in my backyard? And, never at anytime did they say that he was under arrest for anything. I am the homeowner, I was inside my house. They immediately entered my garage, Never at anytime did an officer come to my front door asking if there was a problem. They finally at the very end of the ordeal asked who the homeowner was that is when I became involved. I have private property signs hanging. Are officers allowed to enter your fences and backyards the way they did that night? Really for no apparent reason?
 
Police officers have the right to do exactly as you described if they have been summoned by a third party who claims to be a witness to a crime, whether it be for playing loud music or for allegedly doing drugs.

Third parties are typically neighbors.

If an arrest was made, then the rights were probably read to the boyfriend after he was cuffed.

If it goes to trial, then the original third-party summon will be available for the defense attorney which gave the officers permission.

Otherwise, if the officer was patrolling and heard the music being loud, then he already has probable cause to enter. He doesn't have to have cause to call for back up, and he can cuff anyone who runs from him.
 
Just a hint

Just a hint here... warrantless search or arrest based on third party affidavits require one element. They are required to be based on "reliable source information".

A police officer may or may not know at the time of an incident if the information is reliable source or not. However, any actions taken by an officer based on information believed to be reliable, may indeed result in actions on a Federal level if the source of information is deemed by Federal Law to fail the reliable source requirement. It ammounts to, unlaful search, arrest etc... as though no warrant existed. For example, an officer uses probable cause to search based on word of mouth information. The search proves unfruitful. The information is proven unreliable. Thus the requirements are not sustained adn in many cases even though the officer may have acted in "good faith" the Federal courts have determined that unlawful actions did occur on the part of the unlawful search, arrest etc...

Just remember, the officer is trying to do his or her job in most cases. If a false report has been filed against you, a little cooperation may indeed resolve the situation.

Juts my personal opinion now... I believe that most law enforcement personel are honest and do their jobs with dedication and honesty.

However there are those who have different practices. They endanger citizens and officers alike.

As was stated in other posts, if you believe that there is a problem, the time to resolve it is later and through legal remedies.

make no sudden moves that can be interprited as maliscious. Those officers never know where danger and death will pop up. Giver the giid guys a break. And if you have an experience with a bad one...there are legal remedies and they have very serious ramifications.
 
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