There were two people who were of age and are being charged with the gross misdemeanor of providing alcohol to minors, so if we can get their case dismissed with unlawful entry the rest should be dismissed on the same count, no?
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04-01-2011
There were two people who were of age and are being charged with the gross misdemeanor of providing alcohol to minors, so if we can get their case dismissed with unlawful entry the rest should be dismissed on the same count, no?
04-01-2011
The big thing would be to see what the officer says in the police report. He/she must have a reason to make entry, what was it? If he/she said that they smelt liquor and questioned the age of the person who answered the door, it's a no brainer. If he/she said he/she was invited in, it's their word against yours and they will win that fight every time. You might have a chance if multiple people heard the conversation between the officer and the person who answered the door and are willing to testify to that in court. If that is the case, it most likely would have to go to trail and those people would have to testify under oath what they heard. Most people wouldn't lie for someone who is being charged with a gross misdemeanor because perjury is a felony.
04-01-2011
Depending on what the plea bargain is we might all just bite the bullet and take the misdemeanor. We know for a fact that the officer wasn't invited in as he stated, and he had no probable cause to enter the residence in the first place. The homeowner (age 21) answered the door 100% sober, and none of the alcohol (or anything other than the stairs really) was visible from the landing where the door is.
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