Was is legal for the police to assault someone in order to enter a house?

Question

I was at an underage drinking party, taking part in drinking underage with a few adults in addition to many minors. The police received a call for a 15-year-old girl in the alley drinking but they knew this house was popular for parties, so they then surrounded the house with officers and posted a couple on the roof of the school a half block away and towards the time the party was dying down they started pounding on the door and yelling to open up and how they knew we were in there followed by calls to the residence. This woke up the adult that was at the party who was passed out and he proceeded to open the door to talk to the police and he was punched in the face and brought to the ground where he was beaten by the police to the point where he spent a night in the hospital. They took advantage of the now opened door to gain access to the house and seek everyone out that was underage. I was found and brought down stairs where I blew a .044 and I was questioned and admitted to drinking. Everyone else was given a Breathalyzer and released to parents. I received a diversion which involves doing some community service and good behavior in exchange for not getting charged, but I believe what the police did was wrong, so I have a few questions.

Was the way they gained access to the house legal?

Was the questioning where I admitted to drinking legal in court since I wasn't questioned with a parent?

Do I have a good enough case to warrant getting a lawyer?

Would there be enough for a civil suit considering the continuting emotional stress this incident caused?

Should I contact the ACLU?

I admit what I did was wrong but the way the police gained access seemed illegal and wrong which is why I don't think I should be charged, I did the community service that the diversion required already although I haven't accepted the diversion.

By the way, I am in the State of South Dakota

Thanks

Answer 1

ok first off all you don't always need a warrant to enter some ones house some times probable cause is enough like a crime being committed of underage drinking they probably asked the guy to move and when he said no then they moved him if this is a house where this stuff normally go on and the police know then your stupid for being there you are asking to get caught as far as getting the case thrown out good luck every one intoxicated and juveniles drinking with proof from you blowing then your stuck take your medicine  

Answer 2

Not in this case,

hire a lawyer & file a lawsuit against the cops.

Answer 3

The Police were well within the law.  They had good reason to be there, and the adult was obstructing them.  You should have been charged, because you knew what you were doing was illegal, no matter HOW the police behaved.  That doesn't excuse you.  Grow up, take your lumps, and knock off this childish behavior.

Answer 4

they're allowed to do that when in that situation. Stop drinking and attending house parties so you can have a good fulfilled life. Focus on school. Don't freak out about it because obviously you have a lesson to learn and probably deserve whatever punishment you were given. Whatever happens is meant to happen. That being said if the state does decide to prosecute you you should hire a lawyer anyway.  

Answer 5

So how do you know that the adult was punched in the face if you were upstairs?

As for the rest,

Probably

Yes they can question you.

why bother? it's a ticket, deal with it!

In your dreams.

For what?!

You admit you were wrong. How about trying to take responsibility for your actions.

BTW, joe I don't have to "Prove" that someone is drunk in order for them to be cited. Consumption of any amount or possession of alcohol by an underage person is a violation, period.

Answer 6

I'm not familiar with laws in your state but generally speaking, the police can use some force when protecting life and property. Since there were juveniles who are a special category under the law in a situation where they were consuming alcohol or otherwise in danger, the police had cause to enter with some force in order to protect and prevent further harm.  In my state we call it "emergency exception".  Local laws can be superceded by state which is superceded by federal etc.  

Answer 7

Basically it would be the police against you and who will they believe??

The police will probably just say they were using 'reasonable force'

Sorry mate

Tracey xx

Answer 8

I'm going to answer your question with as brief an answer as possible because you have made a simple matter more complex then it needs to be.  

As far as the entry into the house, I wasn't there and you were apparently upstairs so you and I don't have all the facts.  I can't really say based on your question if the entry was legal or not.  I suspect it was but without being there and knowing the information the Police had I can't say for sure.  If the entry into the house was wrong then the owner of the house may sue the Police for this, not you.  The owner of the house is the one with an interest in privacy and he would be the one who had his 4th Amendment Rights Violated-not the house guests.

Now for your being questioned without your parents present.  There are certain requirements for Miranda and it doesn't sound like they were met.  In order for you to have the Miranda Rights (and the Right to a parent being present) you must be under arrest and must be questioned about a crime.  Standing around in someone's house is not going to qualify as an arrest so there is not requirement for the Police to honor Miranda.  

It sounds like your case has already been adjudicated anyway.

Remember your rights are there to protect you from an over reaching government, not to help you break the law and get away with it.

Answer 9

d**n sounds familiar...

What the owner should have done is not answered the door...

his wounds will heal (f**k cops)

in your case, you blew hot for alcohol, there is no case against that because they have physical proof you were "drunk"

the cops don't need your parents there to question you

but really, if your in that situation again, tell the owner to NOT answer the door, because they are not allowed to enter without a search warrant!

Answer 10

Only if they yell "search warrant!!"