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    PeppyLafleur's Avatar
    PeppyLafleur Posts: 2, Reputation: 1
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    #1

    Nov 8, 2009, 03:53 PM
    A cop enters home uninvited and threatens court summons without offering citation.
    Recently, I held a party in an apartment in the U.S. During this gathering, another group of people illegally trespassed on the roof of the building and threw something off, prompting a bypasser to call the police. The police came to my door, and when I opened it, they physically moved me out of the way, entered the house and demanded that everyone leave. I proclaimed that the officer had no right to enter my residence, and was promptly told to "shut the [expletive] up"

    To paraphrase, they stated that they tried every door in the apartment; and further, that ours being the only one unlocked means that we were obviously the ones up there. A bit of a stretch in logic? When I told the officer calmly that I'd like to have a rational conversation about this, he told me that if I continued to "spout BS about the law, this would elevate to an arrest". I was told that the suspected individual was my guest, and that I was responsible for my guest's behavior.

    We were not loud, nor were we engaging in any illegal activities. He took my id, notated the information and said "you will receive a court summons by mail". I was not given any sort of citation. When asked for details, I was ignored. Can anyone clarify this for me? Should I expect a court summons and if so what sort of experience or ultimately penalties could I receive? Should I find a lawyer?

    As a side note, I have asked this question in several other locations and received many inflamatory responses implying that I am not being truthful. Please, in answering this assume that I am, as this is the only information that is useful or relevant for me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 8, 2009, 03:56 PM
    Assuming that your written material is truthful ( don't expect a jury to believe it)

    No you should not expect a summons. And I would ot expect one even if you were lying) They were trying to see if they could find the guilty person. And assumed people drinking at a party would be the ones dooing it. And they were looking for a criminal in your building. * throwing something off a roof can cause seroius injury, death or property damage.

    You can file a complaint with the police officers supervisor

    Was it your apartment, if not whose apartment was it ?
    PeppyLafleur's Avatar
    PeppyLafleur Posts: 2, Reputation: 1
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    #3

    Nov 8, 2009, 04:04 PM
    Yes it was my apartment. So I'm assuming that them entering is lawful, as they are trying to locate a criminal. Understandable. Am I valid in assuming that a court summons would have to be accompanied by some sort of charge or written citation on the spot?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 8, 2009, 04:15 PM

    Well not really lawful, but it will be a matter of your word against thiers on how they entered, And how they "forced" their way past you.

    So while their enter was illegal, they did no search

    While they could get with the DA or the supervisor and issue a summons ( not sure what far) but in reality if there were going to give you one, they would have at the time.

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