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Public nuisance noi Public Order, Loitering, Urination

Discussion in 'Criminal Charges' started by queenyg, Jul 1, 2014.

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  1. queenyg

    queenyg Law Topic Starter New Member

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    My brother had a 21st birthday party while my parents where both out of town (unaware there was a party) around 10:00pm i had police officers sitting outside my house and driving around my block. Around 11:30 an officer approached my boyfriend that was standing in the from yard alone, and asked to speak the the owner of the house. i was inside the house and my boyfriends called me on my cell to open the front door because the officers wanted to speak to me. once i spoke with officers they were just considered about "drunk drivers" and "noise" they asked what was going on and how many people where there and i simply told them
    "my brother just turned 21 and he's having a party with his friends and i assure you there are no drunks driving tonight"
    the offer responded and told me that it was ok just shut the party down soon and we won't have any issues unless your neighbors continue to call.(i guess me neighbors called?)

    within the next hour the police arrived to my house with AT LEAST 8 Cars with two officers in every car, while i was closing my backyard iron fence to lock it the officer asked if he could speak with me ( a different officer) he asked in the rudest way possible why there was so many people, what was going on, if there was any under age drinkers and why i haven't kicked any one out. i explained to the officer that i was doing my best at this very moment to kick every one out. but he told me " i want to see a mass group of people coming out of this house or i am going back there" i told him "no don't do that i will do it. its just gunna take a sec for me to round them up" then the officer stated "we can be the bad guys for you" all i said was "ok" nothing else. then he proceeded with all the officer to go in the backyard and kick everyone out. when i tried walking up to the officer not to go back there he "instructed me to wait with an officer that was staying behind"

    i went into my house through the front door into my back yard and i find the officer talking with my brother (who was intoxicated) and they were basically arguing. the officer basically said he was writing us a citation for a noise ordinance for the loud misc and such.

    i don't believe we had any under age drinkers to my knowledge or drunk drivers.
    (although they did kick out some of the people who were supposed to stay the night)

    after it was all said and done my brother signed the noise ordinance citation and told the cop he had no right on his property due to the fact he is a renter and the police didn't ask to speak with him or asked permission to go on the property with out probable cause, plain sight, and so on.

    in response the officer said that i gave him permission and that he believes there is under aged drinking, but failed to check anyones ID.


    once we received the ticked in the mail it stated " SCC8.20.030<M PUBLIC NUISANCE NOl with no "amount due" price just a date to appear in court it also states on the citation its a misdemeanor and my brother is in the process of becoming corrections.
    is there any chance that i we can fight this? or plea for an infraction? my brother has a clean recored and both of my parent are in corrections. I'm not sure if the information i provided was grammatically perfect or was enough to seek legal advice but i want to help my brother approach this the best way possible.
     
  2. mightymoose

    mightymoose Moderator

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    It will likely be handled as an infraction if it is a first violation. Ordinance violations often become misdemeanors after multiple violations.

    The noise violation gave the police all they needed to enter your yard. They didn't need your permission.

    Also, underage drinking at a private residence is not necessarily illegal. It's when those underage drinkers come into public that the problem arises.

    In the future don't give the police a reason to come knocking and this won't happen.
     
    queenyg and army judge like this.

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