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~~ San Francisco Police break the law once again. We need your help ~~ (pg. 2)
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| DanceDemocracy |
| probable cause does not grant permission for entry. Probable cause is needed to attain a warrant. They can enter without a warrant under exigent circumstances but there where none present. |
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| DjWoody |
| quote: | Originally posted by DanceDemocracy
probable cause does not grant permission for entry. Probable cause is needed to attain a warrant. They can enter without a warrant under exigent circumstances but there where none present. |
Yes it does. Look it up. The cops probably had an eye on your party for quite some time. After all, you were advertising it on the web. All it will take is for them to say they read it on this same board and that you were advertising it as an AFTER PARTY. There's a difference between an after party and a birthday party. They probably had some people inside already and you never even knew about it.
Where's Mikey to clear things up? He's the lawyer here! lol |
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| DanceDemocracy |
| quote: | Originally posted by DjWoody
Yes it does. Look it up. The cops probably had an eye on your party for quite some time. After all, you were advertising it on the web. All it will take is for them to say they read it on this same board and that you were advertising it as an AFTER PARTY. There's a difference between an after party and a birthday party. They probably had some people inside already and you never even knew about it.
Where's Mikey to clear things up? He's the lawyer here! lol |
Not here for legal advice. just looking for the people who attended.
thx |
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| DjWoody |
I just talked to a friend of mine who's a cop in the bay area. He said that if everything on your story is true, there is a lot of wrong doing on the cops behalf. He also said there's an ongoing political war between SFPD & the Nightlife where SFPD wants to shut everything down.
According to him, there's been stories on the papers where it mentions the cops going to after-parties and confiscating DJ's laptops and equipment, even DJ's laptops who werent even there to perform saying it was evidence in a crime.
Lastly, he said SFPD has a task force specifically for busting up private parties and after parties. |
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| DaveT |
Police can enter your home w/o a warrant when it comes to special circumstances.
If they know it's a party from a rave like that, have any reason to suspect illegal activity is going on and that the destruction of any evidence could occur, they can enter w/o a warrant. |
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| DjWoody |
Nope! My friend just said they can't do that unless there's exigent circumstance where someone's life is in danger. He explained how PROBABLE CAUSE & EXIGENT CIRCUMSTANCE are two different things.
What they CAN do if they have probable cause, is they can FREEZE the scene and detain everyone until they obtain a search warrant. |
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| mar46017 |
| quote: | Originally posted by DjWoody
Where's Mikey to clear things up? He's the lawyer here! lol |
I'm right here. ;)
| quote: | Originally posted by DanceDemocracy
probable cause does not grant permission for entry. Probable cause is needed to attain a warrant. They can enter without a warrant under exigent circumstances but there where none present. |
You are correct in that probably cause is needed to attain a warrant signed by a magistrate. True exigent circumstances is an exception to the warrant requirement. However, another exception to the warrant requirement is "public safety" or "special needs" and that is probably how the police will justify their entry.
In any event, were you charged with any crime(s)? The fact that they looked through all the cabinets, drawers etc. does sound like they went a little too far unless they had reason to know there were drugs present or being sold and that those drugs were about to be flushed down the toilet. I'd speak to your attorney or public defender about filing a motion to suppress evidence. |
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| DanceDemocracy |
| quote: | Originally posted by DjWoody
I just talked to a friend of mine who's a cop in the bay area. He said that if everything on your story is true, there is a lot of wrong doing on the cops behalf. He also said there's an ongoing political war between SFPD & the Nightlife where SFPD wants to shut everything down.
According to him, there's been stories on the papers where it mentions the cops going to after-parties and confiscating DJ's laptops and equipment, even DJ's laptops who werent even there to perform saying it was evidence in a crime.
Lastly, he said SFPD has a task force specifically for busting up private parties and after parties. |
We met them last night. Not very pleasant people although the officers who arrived as back up in uniform were nice. Treated everyone with respect. Not the task force though.
We know that the police messed up big time but we also know that this is a uphill battle so we will need all the help we can get. We are looking for people who actually attended the event and/ or was invited to the event and wrtie a letter stating their experience.
Thank you for talking to your LE buddy and the info. Much appreciated.
[QUOTE]Police can enter your home w/o a warrant when it comes to special circumstances.
If they know it's a party from a rave like that, have any reason to suspect illegal activity is going on and that the destruction of any evidence could occur, they can enter w/o a warrant.[/QUOTE}
You are correct that police can enter your home without a warrant under exigent circumstances. But simply suspecting illegal activity is going on is not enough to legally get them through your door. Destruction of evidence is a exigent circumstance for entry but what evidence was at risk of being lost if they did not enter immediately? |
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| DanceDemocracy |
| quote: | Originally posted by mar46017
I'm right here. ;)
You are correct in that probably cause is needed to attain a warrant signed by a magistrate. True exigent circumstances is an exception to the warrant requirement. However, another exception to the warrant requirement is "public safety" or "special needs" and that is probably how the police will justify their entry.
In any event, were you charged with any crime(s)? The fact that they looked through all the cabinets, drawers etc. does sound like they went a little too far unless they had reason to know there were drugs present or being sold and that those drugs were about to be flushed down the toilet. I'd speak to your attorney or public defender about filing a motion to suppress evidence. |
The only evidence they confiscated was DanceDemocracy tshirts (that where not being sold by the way. they where for friends) a DanceDemocracy banner, cash, laptop, and hard drive. We only recieved a property receipt for the laptop and hard drive.
The citations issued where "operating without a cabaret permit" and I believe the person who lived there was violated on some fire code violations. The cabaret permit offense was a misdemeanor.
We just have to wait and see what the police are saying in the report.
I'll keep ya updated and thanks for the advice. |
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| DaveT |
| quote: | Originally posted by DjWoody
Nope! My friend just said they can't do that unless there's exigent circumstance where someone's life is in danger. He explained how PROBABLE CAUSE & EXIGENT CIRCUMSTANCE are two different things.
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From everything I've read, the possibility of the destruction of evidence is exigent. But it might be in cases of only jailable offenses. |
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| Orbital32 |
| In AZ they started cracking down hard. It used to be underground parties get broken up and maybe citations written. Now they confiscate everything. Speakers, records, the whole shabang. Even if the Dj was hired and not the one who promoted the party, it is their responsibility to make sure the gig is legit. |
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