Disturbing the Peace. HELP!! NEED ADVICE FAST!

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Lirpa77777

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This past Saturday I was given a ticket for misdemeanor for "allow premise to disturb peace of neighborhood." Me, my roommate and about five of our friends came home from the bar and went to our house (it is a house with two apartments in it, we live in the bottom apartment). At 3:15, the cops showed up and asked if there were any minors here. Well, my brother was at my apartment, and he is a minor, but I don't even know if he was drinking because he was not with me the entire night. I told the cop "Yes, my brother is here." He said he was going to have to talk to him and I told him he couldn't (I didn't say why, and he never asked me if he was drinking). Then he told me to go and get my license. While I was in my apartment getting my license (with the front door closed), the cop just walked right in my house, without a warrant and without my or my roommates permission. s this enough to get this ticket thrown out? Also, after I told the cop he had to get out of my house, he walked outside onto the porch, where I followed and told me that if I had given up my brother, he wouldn't be writing the ticket. I also asked him who complained and who wouldn't tell me. Looking at the ticket, it looks as if he signed where the complainant is supposed to sign. Does he have to tell me who the complainant was if I was him? Also, does the complainant have to sign and date the ticket themselves, or can the officer do that for him? I also have a pretty clean record, just a few speeding tickets. Any advice is helpful, thanks!
 
What state did this happen in?

The usual remedy for an unlawful search is suppression of evidence. Since no evidence was obtained, there is no quick remedy for his entry. Plus, I can think of several reasons which would justify his entering to at least the entryway.

Since the citation is not related to the entry, one is not related to the other. You will have to handle the noise complaint on its own merits or lack thereof. Whether a complainant is necessary at court will depend on the state and the section you were cited for. There may be state or local ordinances that do not require a complaining party.

- Carl
 
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