Illegal search?

**Durtyoleman** · 05-31-2013, 11:35 PM

I don't post often but had a unique situation occur tonight. My disabled friend and I had an argument tonight over something trivial. We were loud and this prompted neighbors to call the police. No there was no violence but still we were vocal and this was almost understandable to me...however...
After the police ascertained that there was no impending physical violence and departed all was assumed to be well on both our parts. The argument was over whether or not an item was brought from her home to mine. We were both drinking and therefore loud in our comments. Some well minding neighbor called the police to verify that I had not harmed the girl..
All was well and the police left. However, Our situation was somewhat of a rift since I now had officials at my house, (something unheard of for me since by and large I am a law abiding individual) and I was perturbed. She then stayed outside on the porch while I was inside painting the bedroom. At approximately 9:30 I hear her hollaring outside and go to see what the trouble is, only to find multiple officers and fire dept personnel outside my front door.
The officers were on guard as I came outside and I was ordered to the ground and searched for weapons. The female officer was very rude as I tried to find out what the trouble was but it was somewhat understandable as they were "alerted" that I had a loaded shotgun in my house. I have no idea who called the first or second time but it was definately an eye opening experience for me.
My friend had fallen from her chair and was lying on the carport when someone spotted her and called the police. She had not called me or if she had I did not hear her ( I am 75% deaf). However due to the previous call the officers assumed it was a domestic altercation. The Female officer was rude and in my view overly judgmental.My house was searched for a reported loaded shotgun...not reported by my friend and not wielded or fired this night... The weapon was found and checked/ cocked/ verified to be empty just as I told the officers it was, then they verified she was okay and not in danger nor harmed in any way by myself. I cooperated with the officers in all they asked but was vocal in my annoyance at the intrusion. They went inside my open door and checked my weapon when I had done nothing to deserve such intrusion into my home They did not ask permission to enter my home... Welcome to Florida home of the invaded.

D.O.M.

**Rick** · 06-01-2013, 09:58 AM

I suspect had you been one of the officers you probably would have done the same to ensure your own safety and the safety of others. After all, this was a second trip and they had no way of knowing what was going on.

Originally Posted by DOM

was vocal in my annoyance at the intrusion.

. The more you protest the more you make yourself look like a bad guy. Just sayin'.

**Ken** · 06-01-2013, 10:26 AM

I'd need more information before I'd render an opinion on the legality of the search.

Regardless, and I mean no offense nor am I making any judgments on your lifestyle or that of anyone else, your version of events is one of thousands I've heard that convince me that being under the influence of ANY substance is something that should be avoided unless medically necessary.

Imagine the consequences if you had to defend yourself or your home, and you used that shotgun, while under the influence. I get crises calls at all hours of the day and night, and they often require me to drive to a police station or state police barracks. The last thing I need is to walk up to the front desk and get detained for being intoxicated or arrested for OUI. Personal and family emergencies also have a nasty way of happening as well. It's best to have full control when such events occur. Judgments are made and blame is cast, often inaccurately, simply because police or medical authorities suspect intoxication.

I have no problem enjoying, or watching others enjoy, a couple of beers or drinks or glasses of wine. The trick is knowing that you should stop BEFORE you reach the point at which you feel the effects of consumption. I've never once heard anyone say, "I'm glad I wasn't sober."

Whether the police acted properly or not, I suspect that they'd never have acted as they did if you showed no signs of drinking.

We regularly discuss the importance of always being prepared for all types of events. Rule #1 is to maintain the ability to think clearly so you can deal with the situation.

**Cast-Iron** · 06-01-2013, 12:30 PM

Originally Posted by Ken

I'd need more information before I'd render an opinion on the legality of the search.

Regardless, and I mean no offense nor am I making any judgments on your lifestyle or that of anyone else, your version of events is one of thousands I've heard that convince me that being under the influence of ANY substance is something that should be avoided unless medically necessary.

Imagine the consequences if you had to defend yourself or your home, and you used that shotgun, while under the influence. I get crises calls at all hours of the day and night, and they often require me to drive to a police station or state police barracks. The last thing I need is to walk up to the front desk and get detained for being intoxicated or arrested for OUI. Personal and family emergencies also have a nasty way of happening as well. It's best to have full control when such events occur. Judgments are made and blame is cast, often inaccurately, simply because police or medical authorities suspect intoxication.

I have no problem enjoying, or watching others enjoy, a couple of beers or drinks or glasses of wine. The trick is knowing that you should stop BEFORE you reach the point at which you feel the effects of consumption. I've never once heard anyone say, "I'm glad I wasn't sober."

Whether the police acted properly or not, I suspect that they'd never have acted as they did if you showed no signs of drinking.

We regularly discuss the importance of always being prepared for all types of events. Rule #1 is to maintain the ability to think clearly so you can deal with the situation.

You raise some excellent points counselor. We seldom get much warning of an impending problem, crisis, emergency, etc..... I enjoy tipping back a cold sasparilla as much as anyone, but I still try to maintain enough composure so that I could respond effectively if a crisis were to arise while doing so (it's either that or get a designated first responder)