Need legal advice.

[Russian]

On the evening of 26th, I and my friend had a few drink inside my apartment. Around 2100 we went outside. I was smoking cigar and sitting on steps which were 5 feet away from my front door. My friend was standing next to me and started yelling something which lasted for about 5-10 minutes or so. Then he threw up and passed out. I picked him up and we stayed outside for about 20 minutes. All the sudden police showed up and told me to get into the house which I did. (They did not ask permission to enter) I sat my friend on a chair and suddenly cop grabbed me and hand cupped me. Then they grabbed my friend and dragged him away.
   While being interrogated by one cop, two other cops were searching my house. They went though everything, made a huge mess and then just left without telling me anything.

Later on I found out that my friend was taken to a hospital, and they did something to him, make him sign some papers and ‘released’ him. His unwanted hospital bill is 3200$ + 1000$ for ambulance and still unknown $ for doctor.

My question: Is this legal? Can they enter my house, take my friends away, handcup me and search my house without a warrant or permission? Can I do something about this?

[rpm]

Yes. You were in public, intoxicated and disturbing the peace. Once you re-enter your home they can follow you inside. If you had stayed outside, they could not enter for a search without a warrant.

[outbreak]

Originally posted by Russian
On the evening of 26th, I and my friend had a few drink inside my apartment. Around 2100 we went outside. I was smoking cigar and sitting on steps which were 5 feet away from my front door. My friend was standing next to me and started yelling something which lasted for about 5-10 minutes or so. Then he threw up and passed out. I picked him up and we stayed outside for about 20 minutes. All the sudden police showed up and told me to get into the house which I did. (They did not ask permission to enter) I sat my friend on a chair and suddenly cop grabbed me and hand cupped me. Then they grabbed my friend and dragged him away.
   While being interrogated by one cop, two other cops were searching my house. They went though everything, made a huge mess and then just left without telling me anything.

Later on I found out that my friend was taken to a hospital, and they did something to him, make him sign some papers and ‘released’ him. His unwanted hospital bill is 3200$ + 1000$ for ambulance and still unknown $ for doctor.

My question: Is this legal? Can they enter my house, take my friends away, handcup me and search my house without a warrant or permission? Can I do something about this?

It is Legal, If they believe you are a Danger to the Public (Your Friend Yelling for 10mins) and you both being Drunk, They have can Arrest you, Now as for the Coming in without Permission, That is not Legal, And if you were arrested after they came into the apartment without permission it makes it a False Arrest, Therfore all Charges Can be Dismissed infront of a Judge for a False Arrest, Any Evidence found in the Home is not Submissible to the Judge or DA. I would advise calling the DA about this and having all Hospital Bills and Charges Dropped due to this all happening with Illegal Entry unto your House. I would speak with the DA and Chief about that Actually. That Breaks the 4th Ammendment i do believe. Illegal Search and Seiziure without a Warrant or the Partys Permission. ****HERE AS SHOW IS THE 4TH AMMENDMENT:   4th Amendment-
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
****

[outbreak]

Originally posted by rpm
Yes. You were in public, intoxicated and disturbing the peace. Once you re-enter your home they can follow you inside. If you had stayed outside, they could not enter for a search without a warrant.

The Police can not Legally Arrest both of them, Only one was Being a Disturbance to the Peace, And as for Following them into their home they are not allowed to enter without the Homeowners Permission, And seeing as the Homeowner was not the one Disturbing the Peace they had no Right under Federal Law to Enter without Permission. Thus Again leading to the 4th Ammendment or Illegal Search and Seizure, The Homeowner was under no Circumstances breaking the Law by sitting outside, If he had caused a Disturbance yes this would be a Legal Arrest, But Russia was Arrested under no Circumstances Related to Disturbing the Peace. The PD Illegaly Entered the house and Placed both of them under Arrest. Now if they had done it correctly they would have Arrested the Other guy outside and not waited untill he had Entered Someone Elses Premises. Thus for russia not Giving them Permission to Enter they made 2 false Arrests and then To Search his Home under a False arrest leads to breaking the 4th Ammendment. The only Police officers permitted by law to enter a house without a Warrant or Evidence of a Crime in the house and the Suspect being there is a Sgt or Above in Rank.

4th ammendment:
http://caselaw.lp.findlaw.com/data/constitution/amendment04/

[Delirium]

You can sue and win, or kill someone and get away with it... it all depends on how much you spend on a lawyer.

[AKS\/\/ulfe]

AFAIK, you need to be given a test to see if you are DIP (drunk in public). Since they didn't, they can't lawfully assume you are and then enter your residence based on assumption.

I really don't see how this is legal in anyway.
-SW

[rpm]

Originally posted by outbreak
The Police can not Legally Arrest both of them, Only one was Being a Disturbance to the Peace, And as for Following them into their home they are not allowed to enter without the Homeowners Permission, And seeing as the Homeowner was not the one Disturbing the Peace they had no Right under Federal Law to Enter without Permission.

Both had been drinking, both were in public. Even if the cop told them to go inside, he can follow them inside (direct pursuit) to make an arrest. Once inside he can search for weapons to make sure he is safe and look for contraband in direct view.
 

Thus Again leading to the 4th Ammendment or Illegal Search and Seizure, The Homeowner was under no Circumstances breaking the Law by sitting outside, If he had caused a Disturbance yes this would be a Legal Arrest, But Russia was Arrested under no Circumstances Related to Disturbing the Peace. The PD Illegaly Entered the house and Placed both of them under Arrest. Now if they had done it correctly they would have Arrested the Other guy outside and not waited untill he had Entered Someone Elses Premises. Thus for russia not Giving them Permission to Enter they made 2 false Arrests and then To Search his Home under a False arrest leads to breaking the 4th Ammendment. The only Police officers permitted by law to enter a house without a Warrant or Evidence of a Crime in the house and the Suspect being there is a Sgt or Above in Rank.

Both were publicly intoxicated. If they had remained outside the police could not have entered. Rank makes no difference on the ability to enter. Once in direct pursuit they can follow a suspect anyhere he goes to make an arrest.

[Eagler]

alcohol is your friend

[rpm]

Jim Beam is my co-pilot.

[outbreak]

Originally posted by rpm
Both had been drinking, both were in public. Even if the cop told them to go inside, he can follow them inside (direct pursuit) to make an arrest. Once inside he can search for weapons to make sure he is safe and look for contraband in direct view.
 
 Both were publicly intoxicated. If they had remained outside the police could not have entered. Rank makes no difference on the ability to enter. Once in direct pursuit they can follow a suspect anyhere he goes to make an arrest.

The Points is, They both LEGALLY have to Cause a Disturbance for it to be a Legal Arrest, Now his Friend did disturb the Peace, Russia Did not. IT IS NOT ILLEGAL TO DRINK AND BE OUTSIDE. The Officer if was going to Arrest should have done it on the Spot and not Arrested Russia after ILLEGALY entering his Apartment, The Officer had no Right to Follow Russia into his Apartment because of the simple fact, RUSSIA DID NOT DISTURB THE PEACE. Therfore making it Illegal Search and Seizure. And Illegal Entry without Consent, Under the 4th Ammendment he has all rights to Authorize the PD to enter or not, It is therefore ILLEGAL to enter without Having any Plausable Reason to ARREST THE HOUSES OWNER. Being Drunk is not a Crime.

[rpm]

Originally posted by outbreak
Being Drunk is not a Crime.

Yes, it is if you are in public. It was a legal bust.

[outbreak]

Originally posted by rpm
Yes, it is if you are in public. It was a legal bust.

It is not Illegal to drink in public only if you are causing a Disturbance or if you are Driving/Fighting. It is Legal to Drink outside your home as long as you are over the age of 21.

[GtoRA2]

If russian didnt get a drunk in public citation isnt it all mute? And Were you drunk Russian?

[AKS\/\/ulfe]

If they were not given a test, which should be followed by a breathalizer, they could not be said to be DIP.
-SW

[Flit]

Originally posted by outbreak
It is not Illegal to drink in public only if you are causing a Disturbance or if you are Driving/Fighting. It is Legal to Drink outside your home as long as you are over the age of 21.

not where I'm from (VA)