Late-night visit leads to uninvited entry

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v8shoguy wrote:

The allegations of DUI were completely false. The officers accused Tim of having/being on narcotics for having prescribed medication (non-narcotic). This is why Tim doesn't wish to be involved in the situation, because every officer tells me, "We did your buddy a favor by not arresting him for DUI", saying that a DUI had been committed when there is no proof other than a phone call that happened an hour before the officers arrived. Tim even stated that he drove past the officers immediately before pulling into the parking place.

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Sorry but there are inconsistencies.

Why would your friend be coming over at 1:30am to spend the night and why were you and your wife asleep knowing he was coming over?

Who was person x and how were they even involved if your friend had just gotten there?

I don't mean for this to sound like an inquisition and I don't even want you to answer, just pointing out.

The only thing, BY LAW, that a LEO cannot arrest you for without proof is self defense. They are required to show, on scene, articulable reason and that doesn't even apply if it's against a LEO.

503.085 Justification and criminal and civil immunity for use of permitted force -- Exceptions.
(1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and 503.080 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom the force was used is a peace officer, as defined in KRS 446.010, who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law, or the person using force knew or reasonably should have known that the person was a peace officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1) of this section, but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution as provided in subsection (1) of this section.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 192, sec. 6, effective July 12, 2006.

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Fallschirmjäger wrote:

My general rule is...

Anytime an officer tells someone he's "going to do you a favor, this time, by not arresting you for committing this crime" is that there's very little likelihood a crime has been committed in the first place.

An officer might do someone a favor by not citing them if they committed an infraction, but I don't think any officer is going to ignore a crime. Arresting criminals (those who have committed crimes) looks good on an officer's record, doesn't it?

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Not true, I've seen it happen.

An officer can choose to cite without arrest for a criminal offense as long as it's not a felony.

Not all of them are heartless machines.

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Unfettered Might wrote:

Why would your friend be coming over at 1:30am to spend the night and why were you and your wife asleep knowing he was coming over?

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We live in a 24-hour society. Tim was aware of the fact that we could be asleep, and was going to call us before coming up. He tells me he was looking for his phone on the passenger seat when the officer knocked on his window.

Who was person x and how were they even involved if your friend had just gotten there?

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Person X was a ride-along with the officer.

I don't mean for this to sound like an inquisition and I don't even want you to answer, just pointing out.

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Ask a question, get an answer. When I talked to the officer's SGT and LT, they like to focus on the parking lot, on officer safety, etc. but I still haven't heard the law that backs up the officer's action of entering my apartment.

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v8shoguy wrote:

Unfettered Might wrote:

Why would your friend be coming over at 1:30am to spend the night and why were you and your wife asleep knowing he was coming over?

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We live in a 24-hour society. Tim was aware of the fact that we could be asleep, and was going to call us before coming up. He tells me he was looking for his phone on the passenger seat when the officer knocked on his window.

Who was person x and how were they even involved if your friend had just gotten there?

Click to expand...

Person X was a ride-along with the officer.

I don't mean for this to sound like an inquisition and I don't even want you to answer, just pointing out.

Click to expand...

Ask a question, get an answer. When I talked to the officer's SGT and LT, they like to focus on the parking lot, on officer safety, etc. but I still haven't heard the law that backs up the officer's action of entering my apartment.

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1 & 2) Ok, then it sounds like your friend has more of a case than you do imo.

3) Fair enough lol. The police actually searched your friend's car, one of them may have entered but they didn't actively search anything. She tried with your gun and you protested and stopped her, she would have left your apartment if you had protested that as well.

There isn't a law backing up her action of entering, but she has plausible deniability that she didn't know you didn't want her in there. I totally agree with you on being angry for her stepping inside your home, I would have been livid. But I would have also told her to step back outside immediately, why didn't you?

I might wager than you didn't know all the facts, you were sleepy and maybe you were reluctant to be confrontational because your friend was involved.

Trespassing is the charge that comes the closest here that I know of. But in order to be trespassing, the trespasser has to know either through signs or verbally by the property owner that they are not welcome in the dwelling. Neither occurred.

Your not going to win a criminal or civil case here, but you may be able to have her reprimanded. You need to contact internal affairs.

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V8shoguy , didn't you say you moved back out of the way as she moved to enter your place?? If you did then there isn't a case.

I believe you were either still half asleep and not thinking , or you didn't want to cause any undue trouble for your friend. If you didn't object verbally and moved back to allow the officer entry , where is the right to complain ?? Also , she did put the pistol down when you did realize what was going on and told her to do so .

To reword a popular phrase ," It is to late to shut the door when the cop is already in the room.! "