Question for people who do Law good

[Gump]

Maybe they were looking for empties.

[cOoTeR]

Where were they standing on your property? All the way up in your drive way? If so that's a grey area technically its your property and they shouldn't be there, but would it be "reasonable" to think a person would be lawfully present in your driveway if they were approaching your house to knock on the door? Like if the path to your front door from the street is up the driveway connected to the sidewalk to your porch then your door. If so they can legally make open view observations from a spot were any person could be legally present. Using a flash light to assist is ok. Sounds like they were checking to see a car with a system as stated earlier. Now if the were violating your "reasonable expectation of privacy" they would need a warrant such as if the car was in a closed garage and they were peaking through the garage windows into the car. Or if they were off the main route (sidewalk/porch) of your house looking into the windows of the house or using something to improve their visual abilities to see into the house (binoculars) from the public sidewalk/street they'd need a warrant. Just taking a quick peek in the car windows seems better than knocking on everyones doors to question them if there the ones making noise.

Edited March 14, 2012 by cOoTeR

[redkow97]

The bottom line is that the cops were in the wrong when they came onto your property.

But you werent damaged in any way, so there's nothing you can do about it other than complain.

IF the noise complaint was real, anyone can look in the windows of cars parked on the street. Coming onto your driveway is trespassing, but again, how were you damaged. They're going to say no harm no foul. And if they were looking for a sub or something, the alternative is potentially waking up the wrong party at 3 AM. I'm not at all surprised they risked walking on your driveway rather than confronting you.

What I actually find more shocking is that your friends didn't get tickets for the 2-6 parking ban.

[Bad324]

The bottom line is that the cops were in the wrong when they came onto your property.

But you werent damaged in any way, so there's nothing you can do about it other than complain.

IF the noise complaint was real, anyone can look in the windows of cars parked on the street. Coming onto your driveway is trespassing, but again, how were you damaged. They're going to say no harm no foul. And if they were looking for a sub or something, the alternative is potentially waking up the wrong party at 3 AM. I'm not at all surprised they risked walking on your driveway rather than confronting you.

In the end Im conflicted as I really don't care they did it as i would assume they were just doing their job but at the same time it's like don't abuse your powers here

What I actually find more shocking is that your friends didn't get tickets for the 2-6 parking ban.

This is what I was looking for! The question was merely for informational purpose, at no point was I ever going to complain or make a stink with the department about it. I just wanted to know whether they were in the right or wrong for coming onto the property and doing what they did

It was about 230 and the parking ban is 3-6am. Why BH has that I have no clue. For the last 6-8 months their 2-3 cars are parked on the street all night every single weekend and have never had a ticket issue since it doesn't really affect traffic flow or anything. It's a side street off a side street in a neighborhood so it doesn't seem like a big deal

Edited March 14, 2012 by Bad324

[Tonik]

I gotta say I think they were within their rights to be there and do what they did. They had a complaint on a violation of the law and were investigating it. They suspected it was your house and your cars and they did a 'plain view' look into the cars. I THINK you could have asked them to leave, but until you do that they can be there. That is my non-lawyer google guess.

[cOoTeR]

Coming on to the driveway is not trespassing unless you've made efforts to to have a reasonable expectation of privacy in the driveway such as a locked gate. Any Joe schmoe can legally walk up your driveway to your house and knock on the door right? Therefore you have no reasonable expectation of privacy from an open view observation into your car. They can't open the doors but they can look into the car windows.I keep using the reasonable expectation of privacy term because that is what the supreme court uses to determine 4th amendment rights violations.

[FZRMatt]

Where were they standing on your property? All the way up in your drive way? If so that's a grey area technically its your property and they shouldn't be there, but would it be "reasonable" to think a person would be lawfully present in your driveway if they were approaching your house to knock on the door? Like if the path to your front door from the street is up the driveway connected to the sidewalk to your porch then your door. If so they can legally make open view observations from a spot were any person could be legally present. Using a flash light to assist is ok. Sounds like they were checking to see a car with a system as stated earlier. Now if the were violating your "reasonable expectation of privacy" they would need a warrant such as if the car was in a closed garage and they were peaking through the garage windows into the car. Or if they were off the main route (sidewalk/porch) of your house looking into the windows of the house or using something to improve their visual abilities to see into the house (binoculars) from the public sidewalk/street they'd need a warrant. Just taking a quick peek in the car windows seems better than knocking on everyones doors to question them if there the ones making noise.[/quote

It is not illegal for someone to use binoculars from a public place to look into your home. As I said before your eyes can not commit a trespass.

The bottom line is that the cops were in the wrong when they came onto your property.

But you werent damaged in any way, so there's nothing you can do about it other than complain.

IF the noise complaint was real, anyone can look in the windows of cars parked on the street. Coming onto your driveway is trespassing, but again, how were you damaged. They're going to say no harm no foul. And if they were looking for a sub or something, the alternative is potentially waking up the wrong party at 3 AM. I'm not at all surprised they risked walking on your driveway rather than confronting you.

What I actually find more shocking is that your friends didn't get tickets for the 2-6 parking ban.

It is not illegal for someone to come onto your property. While it is private property, it is considered public including your porch. It has been fought and lost multiple times in the OSU off campus area, where someone is sitting on a porch drinking and they appear to be under age. If an officer observes it and they reasonably believe the person is under age, they have the right to come onto your property and porch, and ask the person for their ID. They can do this because they have reasonable suspicion to believe a crime is being committed (yes, like it or not, underage consumption is an arrestable offense in Ohio. Columbus City Code 2325.632 or ORC 4301.632).

Obviously this isn't the same thing, just illustrating a point. However, Loud Noise CCC 2319.11 (C-1) is a MM for the first offense, but arrestible if an officer return 2 times in a 12 hour period. Most cities have a similar charge.

Edited March 15, 2012 by FZRMatt

[cOoTeR]

"It is not illegal for someone to use binoculars from a public place to look into your home. As I said before your eyes can not commit a trespass. "

It is illegal for law enforcement to use binoculars to enable them to be able to see into your house from a public place without a warrant. According to the supreme court that would be a search and a violation of the fourth amendment. They can make open view observations from any place they are lawfully present such as a cop can observe a pot plant sitting in your front window and use that to obtain a warrant to search your house. If the same plant was in the back window of your house and officer had to use binoculars to observe the plant he would not be able to obtain a warrant and if he did any evidence found would be thrown out. The fire chief or fire Marshall not sure which or if its both can enter your house to perform an inspection and if unlawful activities are discovered during this investigation that evidence can be seized and a warrant obtained to further the search.