Alcohol & Drugs: MIP, MIC, Intoxication M.i.p. / D.o.c.

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Ryowens

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Hello. The name is Ryowens. I have a few question.

I have been in violation with Texas law for alcohol. I have been looking through the forums but I am still unable to find what I am looking for.

If anyone can help me, here is what I need to know.
1) If a police officer walks into my apartment as a guest is leaving; this is without permission by the owners. Is that legal?

2) With the M.I.P. the officer added a D.O.C.
Knowing that it was an apartment downstairs that was the loud one, will a written letter from a next door neighbor, signed stating we wern't loud by any means helpful?

3) I am pretty sure on this one but, just alcohol being in my apartment and me not drinking it, even having the officer check my drink and say there wasn't. Am I still responsible for the 'empty' beer cans that were on the table?

Like I said I was trying to find this out but I just need a simple message from someoen to clear this out. Thanks.
 
1) If a police officer walks into my apartment as a guest is leaving; this is without permission by the owners. Is that legal?

A: Generally, a court will decide this question during a motion to suppress any evidence the officer got after doing this. (You have not given enough facts and details to hazard a guess.)


2) With the M.I.P. the officer added a D.O.C. Knowing that it was an apartment downstairs that was the loud one, will a written letter from a next door neighbor, signed stating we wern't loud by any means helpful?

A: I am assuming you want to take such a letter to a judge. If that is so, then the answer is no, it is not helpful. (You have not given enough facts and details to hazard a guess.)



3) I am pretty sure on this one but, just alcohol being in my apartment and me not drinking it, even having the officer check my drink and say there wasn't. Am I still responsible for the 'empty' beer cans that were on the table?

A: Yes.
 
My roommates and I invited a few friends over for a little get together after a game. We had the television on and music on a reasonable level. At around 11pm my roommate went outside to get something from a car and saw a police officer outside. After seeing my roommate the Officer proceeded to knock on our door. We opended the door and allowed him inside. He told us of a loud noise complaint given to him in our building complex and gave my roommate a D.O.C., my roommate that was going to get something from his car. We didn't realize that our music was loud by any means but we accepted the violation and paid it in full later. After this we continued to have a few people over with absolutely no music at all, only the television on and a few of us talking. At around 1am a friend of ours had to leave. We said our goodbyes and she opened the door and walked outside, but as she left a police officer walked right inside before the door could close. At this time I was in my own room and heard the officer walk in. I walked towards the door with a non-alcoholic beverage in my hand (the officer also took this drink from me and his partner tested it for alcohol and said there wasn't any). To my dismay I also saw many empty beer cans on our kitchen table; I can only assume that a few of our upstairs neighbors came in for awhile and brought their drinks with them. The Officer gave both me and my roommate M.I.P. stating there were beer cans in plain sight. Unknown to us till later he also charged us with another D.O.C. as a second violation on both of our M.I.P.. Knowing that having any alcohol in our apartment is a crime, I do take responsibility for that. But what I need to know is how the Officer came in legal. The more important question is the two D.O.C. that we got. How can I go about getting those off and was the Officer in the right when walking into our apartment?

I can and have witnesses to these accounts who are willing to write a statement. Inside when the Officer just walked in and outside with people who knew that we had no music on at all and didn't even hear us.

Later that night after the Officer left and everyone was gone we heard a loud disturbance downstairs on the opposite side of the complex. Talking to our neighbors, that apartment was the one that was loud all night. I honestly think that we were the scapegoat and just because we opened a door he walked in.

I have also never been in a situation like this before and the process of thecourt date I do not know exactly what to say or how to say it. But there is my case, help if you can
 
I have court this wednesday 12/6/06 so any advice before then would be great.

the questions I asked above and the procedure of the court
 
If you think the officer came on the place illegally, then you need to file a motion to suppress the evidence that he got while he was there illegally.

In your case, the cop will say he had permission to come in and the judge will believe him.
 
Last question. As far as removing the D.O.C. - Loud nosie complant violation, my roommate and I need to choose between either a jury or judge... With statments given by our neighbors and people around us, which do you think would give us the best chance to drop the violation?
 
Ryowens said:
Last question. As far as removing the D.O.C. - Loud nosie complant violation, my roommate and I need to choose between either a jury or judge... With statments given by our neighbors and people around us, which do you think would give us the best chance to drop the violation?
Click to expand...
The charges will not be dropped if you ask for a trial. The charges will be tried and you will either be found guilty or not guilty.

After presiding over a whole lot of jury trials in my lifetime, I have come to the conclusion that I would always pick a judge and never ask for a jury trial.
 
Sounds good... a last little thing

At the M.I.P. hearing where I will motion to suppress the evidence, what should I plea?
 
Ryowens said:
Sounds good... a last little thing

At the M.I.P. hearing where I will motion to suppress the evidence, what should I plea?
Click to expand...

You plead not guilty.

Then you start making whatever motions you think you need.
 
Thanks for all the help SeniorJudge... I have a hearing this morning so I will put all this information to good use. I'll be back with results and new questions if they arise.
 
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