Legal Question in Criminal Law in Illinois

Police Office forcing his way into house and under age drinking

My daughter and a friend were out and they came home to the aprtment they live in. When they got there the police were there bing called to apartment building because of an under age party and noise at a different apartment. The individual whose aprtment the party was at was standing outside with his door open talking to the police. He starting yelling at the girls that they were underage drinkers and they had called the cops on him. Which they didn't do. The police officers than asked daughter the firend if she had been drinking she stated yes. They never asked my daughter anything. They told them to go inside and go to bed which they did. 10 minutes later there was a knock at their door. They did not answer it nor did they look out. They thought is was the guy next door that had been yelling. About 15 minutes or so later by daughter realized she had left her cigarettes in her car.She started to open the door and a police officer was there and he forced the door open and came inside without asking them if he could come in. They did not give him permission to enter the aprtment.He arrested the firend than asked my daughter if she had been drinking she said yes than arrested her. Did not tell them why he was arresting them.


Asked on 10/29/06, 9:56 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Police Office forcing his way into house and under age drinking

Hello. In my opinion the police officers made an

unlawful entry into the apartment. Furthermore,

from your account, the officer did not read

your daughter or her friend their rights which he

should have done. This is a clear example of a

law enforcement officer overstepping his bounds.

There are many fine law enforcement officers, but

like everyone else they make mistakes, intentionally and by accident. If your daughter

is facing charges, she definitely needs a lawyer

and certain very important preliminary motions

need to be filed in court on her behalf. There

are other topics of discussion here that need

to be brought out. Will be happy to answer any

additional questions that you may have.

Read more
Answered on 10/30/06, 12:05 pm


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