Can cops raid a house party without permission to come inside.

Originally posted by Brahmanite
ANY TIME an LEO approaches you you have the right to demand a statement of probable cause. At any point before or after this (I suggest after) you have the right to ask if you are being detained. If you are not being detained you have the absolute right to leave. Now, some LEO's will resist your insistence of exercising your rights, but it should almost always hold up in court if well represented. Any LEO that is a decent employee of the people will be well aware of these rights.

It’s not “Probable Cause” at that point, but “Reasonable Suspicion”, and the police have the right to hold you for a “Terry Stop” including a Patdown search of your exterior clothing. If they “plainly feel” something that appears to be contraband, they may extract it from your person. In some states you are required to prove your identity to law enforcement upon their request.

You can ask if you are being detained, but if they are detaining you it will be pretty apparent without your asking about it, and you’re more likely to invoke harsher scrutiny. The police can hold you at a “Terry Stop” for “as long as an active and diligent investigation reasonably requires”. This means they can hold you until it becomes an unreasonable amount of time, and by affect becomes an arrest. The problem is there is no clear indication as to how long this time period is, and often has to be decided in a courtroom.

By asking if you are being detained, all your really doing is showing that you feel your being held for an unreasonable amount of time, which may or may not pressure the officer into letting you walk if they feel they cannot find “Probable Cause” before that time has passed and it becomes and unlawful arrest. If they feel they have a high probability of finding something to arrest you for, they will continue to hold you, or even worse, pressuring an officer may cause them to either provoke an incident that causes your arrest, or invent such an incident.

Additionally, they do not have to give you a reason as to why you are being detained, and usually won’t as it may tip their hand about facts of a known crime to a potential suspect. Then to make matter even worse, the legal definition of being “Detained”, and your legal rights during that period, vary from state to state according to that states laws.

Police are also not required to read you your Miranda Rights until you are being formally interrogated. It has become something of a urban legend that they must read you your rights before questioning/detaining you, but that is not true. They are normally allowed to ask you investigatory questions during your “Terry Stop”, things like “what are you doing here at this time of night”, “Do you know how fast you were going”, etc… Anything you say at that point in times is generally admissible in court.


The rest of what you said was…

Originally posted by airborne82ndscout
cops have 30 days in community college in how to torture you with the tazer and violate your rights and lie

lawyers need 6-8 years and then pass a bar.

Most forces now require a 4-year Bachelors Degree in Criminal Justice followed by 6 months or more in a police academy. Most forces have a military hiring preference, so you can add another 6 years to that list.

Originally posted by airborne82ndscout
oh yeah remember that lie about illegal wiretap to film a cop

It is illegal to film an undercover officer as it can blow their cover and put them in harms way.