Back Yard Raid!

[junie]

My son's friend (14) was found drunk about half a mile from our house at 1am one morning. He'd been our house for a couple of hours earlier but had left. When the police took him home his mother told them that he was sleeping at our house when asked if she knew where he was. 2 of my teens & 3 of their friends were sitting outside on our patio & had just got up to go inside when 3 officers appeared from the side of the garage yelling " Stay where you are. Do not go inside". They searched our deck, grill & patio, blocked the kids from the back door, & generally intimidated the kids and accused them of being loaded, etc. When my 14 year old tried to fetch me an officer pushed him back with his outstreched arm. There were 3 empty beer bottles in a plastic bag but no evidence that any of them had been drinking. I have a hearing for a criminal complaint for Keeping a Noisy & Disorderly House & Procuring Alcohol to persons under 21. Are the police allowed to just appear in your back yard like that? I thought that areas like patios & decks were considered part of your home and subject to the same search protections. Any feedback on any of this very appreciated.

[Shuftin]

I am not an attorney. I just recently heard of this charge “Disorderly House” from some of my employees [Brothers] (Within the past year). Although I do not know your situation I do know of my employee’s lifestyle. My understanding is that if the police receive numerous calls to go to one house and show up so often that they know all of the occupants by name;

There is some familiarity going on. So-much-so that certain police officers may not feel the need to knock and will just walk in, unannounced, to have a chat. A "I know you and you know me" situation "so where do we go from here"? This is usually a low key house ie: not a drug house but a known problem house. The threat of Disorderly House has been given but to my knowledge has not been executed. Because this is the second time that I’ve heard this term, I will look into it. Until then maybe others can help you.

[junie]

We live in a small town with loads of cops - I'm told it's to do with keeping the crime rate down & the house values up! There's never been any complaints about us and there's half an acre between us & our nearest neighbors who are also a good friends. I just don't get how they can appear in our back yard unannounced & start intimidating a bunch of kids on the basis that some kid told his mom he was staying here and went off & got wasted. It's like jumping to conclusions just a little, don't you think?

[WaTcHeR]

junie said:

My son's friend (14) was found drunk about half a mile from our house at 1am one morning. He'd been our house for a couple of hours earlier but had left. When the police took him home his mother told them that he was sleeping at our house when asked if she knew where he was. 2 of my teens & 3 of their friends were sitting outside on our patio & had just got up to go inside when 3 officers appeared from the side of the garage yelling " Stay where you are. Do not go inside". They searched our deck, grill & patio, blocked the kids from the back door, & generally intimidated the kids and accused them of being loaded, etc. When my 14 year old tried to fetch me an officer pushed him back with his outstreched arm. There were 3 empty beer bottles in a plastic bag but no evidence that any of them had been drinking. I have a hearing for a criminal complaint for Keeping a Noisy & Disorderly House & Procuring Alcohol to persons under 21. Are the police allowed to just appear in your back yard like that? I thought that areas like patios & decks were considered part of your home and subject to the same search protections. Any feedback on any of this very appreciated.

The police are allowed to peek over fences, go into backyards, etc. The only place you are safe from the police, as far as "privacy" is within your on home. Just remember what you do in your home is your business, but to keep it your business remember to close the curtains. Police are allowed to look into widows of homes and if they see something illegal going on, they will try to enter.

So in short the Supreme Court has ruled that people can't expect any privacy in cars, on roads, sidewalks, ECT., the only place for privacy is in your home, with the shades closed.