legal authority question

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redman prime
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legal authority question

Post by redman prime »

paraphrasing discussion between myself, the resident of the house I was at, and the Law Enforcement officials earlier, so it'll hopefully be succint.

but the backstory first:
This is the house where we unwind. it's basically a fraternity house, four guys live there and it's kept as such, beer cans everywhere, assorted paraphrenalia strewn randomly, etc etc..

anyway, over there today, myself, the owner (who is stoned perpetually), the aforementioned resident, and my girlfriend, and the neighbor comes in, asking if we know anything about the 7 cops out front... uh, 7 cops?

The police have taken it upon themselves to go Door-to-door telling the neighbors that if they have any qualms with the tenants of the house i am at that they should call the police immediately. They proceed to relay to us that we are a constant nuisance to the local populace and have been warned, as the several visits in the last month have proven, that we are up to no good.

Fair, they have been there recently.
but this isn't a house that constantly has blasting music, rude/aggresive drivers coming and going at all hours, it's a relaxing environment. for us, at least.

Well, the police are done with 'asking' us to behave. They will now go forth and issue "Disturbing the Peace" fines to any individuals at this house in the future upon complaint.
to illustrate this point, there were 7 count 'em SEVEN police cars in this small area, with half of the number speaking with neighbors and gesticulating in the house's general direction.

This is at five my time, and the police kept their influence in the area for a good two hours more, so that when myself and my worse half were leaving at 7-ish, there were five police cars in the vicinity, with all police occifers in a circle BS'ing 100 feet from their door.

SO, would anything like this happen wherever you are?
any reccommendations of recourse in the matter?
life is great. then you die and leave everything to your wife.
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13thScorpio
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Post by 13thScorpio »

Hate to say this man,but you might have to keep quiet for a week or more.Though all it is is probably one annoyed neighbor,'cause you say ain't loud and wild.That many cops showing up,someone's been complaining way too much to bring that many in.

Proceed to find said neighbor/s and beat the shiite out of them.

But really,even if it is that way,my advice(such as it is),is all I got for you.You got cops there,and unless you can find some loophole,keep low.That doesn't mean you can't enjoy RBV's.
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slartibartfast
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Re: legal authority question

Post by slartibartfast »

You're a regular cop magnet aren't ya.

That many patrol cars sounds more like bored cops looking to liven up a dull saturday afternoon to me. If they hang outside your door long enough it might just goad someone into provoking them. Frat houses would be an ideal target... anyway, Florida statute 877.03 states that
Breach of the peace; disorderly conduct.
Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
thing is, these sort of laws are wide open for abuse as they fall largely into grey areas. It's pretty much up to the officers' discretion as to whether or not it constitutes a breach of the peace. Basically, if someone complains then it is.
from http://www.miami-criminal-lawyer.net/ht ... derly.html
Disorderly conduct is an extremely common misdemeanor charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people arrested for disorderly conduct feel that they have done nothing wrong and have difficulty understanding why they were arrested. It is not uncommon for a person arrested for disorderly conduct to say that they were just asking the officer a question and were then put under arrest. Legally, disorderly conduct is conduct which rises to the level of a "breach of the peace." Drawing the line between a "breach of the peace" and freedom of speech can very difficult. Consequently, First Amendment issues are often implicated in a disorderly conduct case.
The good news is that in my experience people who call the cops without even trying to sort the problem out themselves will eventually get ignored if you make a few token gestures... and if you treat the cop as a guy who's just doing his job, who would rather not be there busting up your party either. Calling him a facist pig and harping on about the first ammendment really isn't the way to go. Just showing that you can be reasonable and that you're enjoying yourselves, not going out of your way to be annoying, is all you need.

Generally, I'd think a few small nothings would go a long way. Tidying up the yard/mowing the lawn/getting rid of that old fridge/etc. can work wonders. You could even invite the neighbours round for a barbeque sometime if you're feeling really adventurous, you might make yourselves some allies. At worst it's still a barbeque.

edit : got me numbers wrong
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Ostentatious
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Re: legal authority question

Post by Ostentatious »

Originally posted by redman prime
...my worse half...


I have no solution to your cop issue but, is your girlfriend really that bad? Or are you talking about someone else?
~
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redman prime
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Re: Re: legal authority question

Post by redman prime »

Originally posted by Ostentatious
I have no solution to your cop issue but, is your girlfriend really that bad? Or are you talking about someone else?

please tell me your solution to my girlfriend issue, then.
life is great. then you die and leave everything to your wife.
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