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Should I contest this Disorderly Conduct Citation?

Dekalb, IL |

I was invited to a party, and after the party got too loud the cops arrived. My friend was standing in front of the door and did not open it. After everyone in the party started to run out through the back door, a police officer went through the back door and to the front door to open it from the inside. when the officer opened the front door from the inside, I told her that if she did not get permission from the tenant or acquired a warrant, she wasnt allowed to enter the home. The two officers that was let in by the other officer, asked for my friends and I IDs and only gave me, not my friend, a citation saying that I obstructed the officer from gaining entry to the home. I feel this is false because, it was not my home nor my party, I have no right to open the door, only the tenant.

Attorney Answers 3

Posted

You were wrong for obstructing the officer. You had no right to prevent entry by the police and had no authority to tell the officer she could not come in. You did, in fact, obstruct the officer. Say no more in this public forum or anywhere else online. Do not discuss this with any of your friends or family, especially those who were at the party. Hire an attorney to help you minimize the damage. Sometimes what you see on TV does not actually work that way in real life.

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5 comments

Asker

Posted

I mentioned that I did not obstruct the police officer, because it was my friend who did not allow the police to enter or even answer the door. And you did not even mention how I obstructed or gave any information on why I did not have the authority. Citizens have the authority to protect themselves from the government, hence the reason "rights" exist. If you cannot give any credible information or any helpful tips please do not respond. By the way, I am not ignorant of my rights, I am a law student and not someone that gets my information from a television show.

Judy A. Goldstein

Judy A. Goldstein

Posted

You did not have authority to refuse the police entry because you had no authority over that house. You should not be so impressed with your status as a law student. You are now in legal trouble. Shame on you for your disrespectful attitude. The fact that you are in law school does not mean anything except that if you do not beat this charge, you could have trouble getting your licence, even if you pass the bar. But you know everything because you are in law school so I'm sure you will be fine. Snippy young law student.

Scott Andrew Wineberg

Scott Andrew Wineberg

Posted

Asker, to resist/obstruct requires a physical act and regardless of whose residence it is. If the cops have no warrant, consent, or exigent circumstance, they have no entitlement to entry and you are perfectly within your right to speak up and question their authority. Goldstein, you are alone in your belief that the asker is presumed guilty. He may not have standing to contest an unlawful search but that is not the issue. You mean you could not stop cops from illegally entering your (....'s) house if you're merely an invited guest? Don't get too impressed with your law degree or think you are entitled to answer rudely or ignorantly to this or any other asker as I have seen you do way too many times.

Judy A. Goldstein

Judy A. Goldstein

Posted

Wineberg, nowhere did I state that the asker was guilty, and you have no way of knowing what I believe. Wineberg, I am no more impressed with my law degree than I am with yours, but I am certainly less impressed with your judgmental comments here. Wineberg, if you have something to say to me personally, you have access to my phone number and email address. I welcome hearing from you. Wineberg, until just now I had a great deal of respect for your knowledge and professionalism. Wineberg, you know nothing about me. Look at your own rating on Avvo before you judge others.

Scott Andrew Wineberg

Scott Andrew Wineberg

Posted

My comments are not directed to you "personally." You impugn the integrity of profession when you offer incorrect advice and make belittling comments of those who visit this site. I answer questions or publish legal guides to assist others, not for the sake of earning points or improving my rating on Avvo.

Posted

I feel you have a defense to this charge. I agree you should not discuss further on this site. Contact an attorney to flesh out the rest if this case. Sounds like the officer was just pissed. Would love to see the reason they try to give to justify the entry into the residence.

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2 lawyers agree

Posted

Yes, you should contest this citation.

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2 lawyers agree

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