Violation of 4th Amendment?

[Ross Helms]

Jurisdiction

Massachusetts

I was having a house party and my neighbor called in a noise complaint. She does this often, sometimes reasonably, sometimes unreasonably. I answered the door promptly and was polite to the officer. We had already turned down the music and he stated "it didn't seem too loud to him, but he was required to respond". I told him we would keep the noise down and apologized for the disturbance. During the exchange he realized there were people in the hot tub in the backyard, around the corner of the house from where we were talking. He then proceeded to walk into the backyard with his flashlight on and open the door to the hot tub gazebo, as I followed him asking if he was allowed to do that. He had also asked for my ID which I provided without dispute. No one was arrested. No problems occurred. My questions are: 1.) Am I required by law to present an ID when in my own home (I realize that isn't worth an argument in most cases, I'm just curious) 2.) Main question: Does he have the right to A.) enter my backyard AFTER clearly dealing with the noise problem without any issue, and with my full compliance and acknowledgment of the problem, and, B.) open the door to the hot tub gazebo? I respect the Police and I understand that he was doing his job but I feel like my rights to privacy were violated. Any feedback would be hugely appreciated.

 

[army judge]

Yes, you could refuse to identify yourself.
If you choose that route, trouble will often follow.

Yes, the police can justify entering your backyard.
Yes, you can beef it, but that escalates matters.
Cooperation is usually the best choice.
A better choice is don't allow others to put you in such a position.

Keep the noise down, you avoid all police contact.

I'd worry less about your rights, and more about making sure your guests behave themselves.


Constitutional rights infringements cost lots of money to pursue.

Just keep the noise down, you keep the police away.