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Home > Blogs > North Valley Notebook > Archives > 2009 > September > 29 > Entry

Oh, yes he is

A gentleman, perhaps believing his home was his castle, dared officers to write him a citation for playing his music too loud.

For his efforts, the gentleman not only got a citation but a free ride to the county lockup.

It started at 2:45 on a Tuesday morning when neighbors called Englewood police with a loud music complaint. Officers responded to the gentleman’s apartment. They spent 20 minutes pounding on the apartment’s door and windows to get the gentleman’s attention. All the while, the music blared, according to the police report.

Eventually, one officer discovered an unlocked window. The window was opened and officers attempted to rouse the gentleman who was sprawled on a nearby couch. They were unsuccessful.

An officer then tried the apartment door and found it unlocked. Officers opened the door and announced their presence. The gentleman on the couch some 6 feet away did not respond. When officers entered his apartment, however, the gentleman arose and ordered the officers to leave “or he would call 9-1-1,” according to the report.

Officers tried to calm the gentleman and asked if he had not heard their knocking and yelling. “You mean when (police) opened my window? Yes,” the man replied, according to police reports.

A sergeant then told the gentleman that one of the officers would be citing him for loud music. “No, he’s not,” replied the gentleman as he tried to push past the sergeant. When assured that it would indeed happen, the gentleman again tried to push past the sergeant, who advised him he was now under arrest and handcuffed him, according to the report.

The man continued to yell at officers and resist as they took him to a patrol car for his trip to the county lockup.

He was, in fact, cited for loud music.

Permalink | Comments (4) | Post your comment | Categories: Cop reports we love

Comments

By not confused

September 29, 2009 10:50 PM | Link to this

to Confused: How would you feel about it if you lived next door and couldn’t sleep? What if the officers shrugged their shoulders and walked away, with a ticket taped to the guy’s door. did you know that the supreme court has decided in a nearly identical case that the officers’s actions were completely within constitutional limits because of the need to protect the liberties of all the neighbors being disturbed by the music?

By Dirt

September 29, 2009 2:12 PM | Link to this

To confused. I do not believe it is ‘Breaking’ if the door was unlocked. Nothing was broken.’Entering’may have been justified by concern for for the gentleman’s well being after getting his attention failed… Just a thought

By Confused

September 29, 2009 1:05 PM | Link to this

I am a little confused here…How is it the officers were legally allowed to enter his apartment with out some sort of warrant? “…one officer discovered an unlocked window. The window was opened…” Isn’t this action still considered breaking and entering since they did not have some sort of search or arrest warrant? “An officer then tried the apartment door and found it unlocked. Officers opened the door and announced their presence” Once again they entered a residence without the proper authority (some sort of court appointed warrant)…I understand that load music is a problem but I’m sure they could have cited him without breaking and entering themselves. The police are an important part of a safe and civil society, but they are not above the laws they are sworn to uphold.

By PapaGino

September 29, 2009 12:20 PM | Link to this

Think he learned anything? Doubtful. More than likely, this self centered lout will sue the police. Next time they should just taze him.
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