So here is my situation, me and a couple of my friends are hanging out in my garage at about 1130 pm, playin basketball inside. It started to get hot in there so we opened the door and I walked out, as I got outside two police officers walk out from the side of my garage, on my property, and asked what was in my hand. I said nothing I was so stunned of the circumstances. I asked what they were doing on my property without a warrant? They said they had a noise complaint. My friend immediately came out and asked if he had a warrant and the cop said no we don't need one. Now I know I had a beer in my Hand when I walked out but they can't sit outside my house like that can they? Also after this had happened I was talking to one of the officers and I asked my friend to take his video camera out and record the event. Before he breathalized us I asked Him if I was being detained and he said yes. He couldn't give me a reason, nor did he read us our Moranda rights. Two of my friends were completely sober and one of them, because he didn't give the officer his cellphone number, was dragged down to the cop car, "because he was being a tough guy" the officer said. I'm not a lawyer and I don't know a lot about the law but it seams to me some things the officers did were unconstitutional. Please help me out.
Answered on: 8/27/13, 5:41 am by Tricia Dwyer
Hello. I suggest the person who is in need of the legal help phone an attorney who will discuss what occurred in great detail and then be able to provide legal counsel and legal advice and a legal opinion. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in a limited scope manner to conserve legal costs. All the best.
TRICIA DWYER, ESQ.
Tricia Dwyer, Esq & Associates PLLC
POLICE CONDUCT LAW
REAL PROPERTY LAW
SEARCH & SEIZURE LAW
CRIMINAL RESTORATIVE JUSTICE
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