Legal Question in Criminal Law in Michigan

Wrongful Noise Violation

I have an obtuse neighbor who has knocked constantly, bothering me to

town my music down, when it is reasonable music playing, at the point

where i can barely hear it, etc.(i am sure you get the annoying neighbor

point) one night she called the police, they came. i felt it an invasion of

privacy, did not answer. four cop cars came. the officer sat in my hall

for two hours. i told him to get a search warrant if he wanted in (the

music has been turned off since his arrival). they left without my name

given or entering my house, or meeting me. this was march 26th. today

april 13th i receive a warrant for my arrest in the mail as well as a noise

violation. noise needs to be heard from the sidewalk to be a violation

right? also how did they get my name, and is there just cause? should i

fight this? i honestly feel like i have been wronged.


Asked on 4/14/05, 6:15 pm

2 Answers from Attorneys
William Morrison Action Defense Center

Re: Wrongful Noise Violation

Lets review the facts:

1. Your neighbor tried several times to get you to lower the volume of the reasonable (to you) music.

2. Failing to get your cooperation, she finally called the police.

3. You refused to answer the door when the officer came to your home. You live in an apartment building or a condo and let them stand in the hall while you pretended not to be home.

4. The officer(s) then investigated the complaint , discovered your identity, and presented their information to a prosecutor or magistrate who authorized a warrant for your arrest.

Few people have the temerity to complain to their neighbors about another's noise. Almost no one wants to contact the police to complain - its usually a last resort. Making a false police report is a misdemeanor.

Ask yourself -Why would all these people go to all this trouble to get you to stop playing your "reasonable music"? Thats what the judge (or a jury) will be deciding if you contest the violation.

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Answered on 4/14/05, 10:44 pm
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Wrongful Noise Violation

You should consider fighting the charges. Although, the music might have been loud to a reasonable neighbor. You don't want the misdemeanor on your record for something like this. Please contact my office for a free consultation. Eric I Kutinsky, Esq. (248) 737-7000

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Answered on 4/17/05, 3:11 pm


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