BC student allegedly tells cops they can't bust up his party; they beg to differ
By adamg - Mon, 09/28/2009 - 7:18am.
Wicked Local Allston/Brighton catches up with the story of a BC lad who, on being told at 4 a.m. to end a loud party on Comm. Ave. allegedly told police he "knew the law" and that they had no right to be there. They were apparently so intrigued by his theory that they invited him to continue the discussion on a ride down to District 14.
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disturbing the peace and
disturbing the peace and assault / resisting arrest.
Funny how people always end up with these charges, no?
why is that funny?
if that's what occurs?
Because they're BS charges.
Because they're BS charges. Why are they never charged with breaking laws that aren't purely subjective? When they are police are illegally entering houses and apartments to procure evidence. All because they figure they can push around students.
Sounds like the noise was low enough, and all the occupants were of 21, since they couldn't whip out a "Keeper of a disorderly house". I'm also not sure how you can "disturb the peace" in the private hallway of a tenant building. Remember, yelling at an officer isn't enough.
I'm willing to bet the person was ticked off due to them entering a house unwelcomed.
Uh, no
I don't see where the police illegally entered anything here.
The noise was clearly not low enough since someone called the police to complain which is why they were there in the first place.
You have no evidence that everyone was over 21, in fact the officers might have been doing him a favor initially by *not* requesting IDs and just asking them to end the night (at 4 AM, mind you) until he got belligerent and hit them (which I'm sure carries a stiffer penalty than "keeper of a disorderly house" or "providing alcohol to a minor").
You can "disturb the peace" anywhere there's peace...like 4 AM in an apartment building.
I'm willing to bet you don't know what you're talking about.
The noise was clearly not
The noise was clearly not low enough since someone called the police to complain which is why they were there in the first place.
Have you even lived with anyone unreasonable above or below you? I luckily haven;t, but know a few people that had some rather bad relationships with their neighbors because they were flat out nuts.
One even had issues with them calling the cops because she was up walking around at 1am. Nothing else, just walking around in her own apartment was too loud.
Tried being a considerate person?
Many pro-party commenters try this out.... you live in a city etc. Maybe try thinking about others for a change, isn't that what all that BC "God God Win Win Football" stuff is about?
What's your point?
Two can play that game.
Have you ever lived with anyone throwing an insane noisefest complete with bottle rockets and roman candles behind your house? I unluckily have, and know plenty of other people that have had horrible relationships with unruly tenants of deadbeat landlords because they were flat out rude and inconsiderate.
I even had issues and needed the cops because when, at 3 AM on a weekday, I asked politely that they keep it down, they threw a beer at me and got even louder on purpose.
So...your point is? Your past experiences and hearsay from others on having crazy neighbors is pretty immaterial to the given discussion.
Cops on speed dial
This is exactly why I no longer hesitate to call the cops on any member of the Allston-Brighton Shatter-"Woo!"s of the American All-Night Bender League.
I moved into Allston about three years ago just off of Linden near Cambridge Street. At first, we tried being cool with the neighbors and figured we were just as obnoxious when we were undergrads as well. Then the puke appeared on our sidewalk. Then the bottles shattered against the side of our house one night when a contestant in a bottle throwing contest missed his mark. Then a TV was tossed over our fence during a move-out weekend.
We were cool through all of this. Then came the night when we attempted to chip ice off of our car and some drunken business student on the roof of his porch started yelling at us to "stop fucking with my car." We informed him it wasn't his and he vowed to "fuck us up" before his roommated pulled him inside -- into a party where someone later got stabbed. Whenever we hear so much as a "woo!" wafting out of that house after midnight, we now call the cops.
As was previously stated, you can disturb the peace any time we hear you. You can disturb the peace any time a friend of yours opens a window to smoke and yells out it while you're in another room. You can disturb the peace by creating a bass thump that you don't think is audible.
All of that amounts to disturbing the peace and, once you open that door (giving the officer "probable cause" to check anything he sees or smells inside that is out of the ordinary). The ACLU, which actually knows the rights to which you are entitled ALWAYS advises against mouthing off to a cop. You can get their quick rundown of your rights her, http://www.aclu.org/pdfs/racialjustice/rp_bustcard_20090518.pdf, but stop speaking from a position of complete ignorance. What ever happened to ending the party when the cops showed up, turning on Akira, finishing whatever's left over and passing out?
As much as I am in defense
As much as I am in defense of the student demographic when it comes to discriminating words/actions against it, I see absolutely nothing wrong with the cops' actions. And no, I don't think they can push around students. If it were any other group, with any other guy who gave them some attitude like that, the same thing probably would have happened. Cops break up late-night parties that are infringing on their neighbours' reasonable right to peace all the time, and not just in Allston or Mission Hill.
Sounds like multiple neighbours called to complain, and I think they were entirely right in requesting police assistance to shut down a loud party at 4 am. I know I would do the same thing.
Know the law before spouting off jibberish
The provisions of this statute were recently upheld by the SJC.
Seems to me like it was perfectly lawful entry
it may be warranted in this
it may be warranted in this case if the suspect did indeed hit the officer.
The greater problem, i think the first poster was talking about, is that police can pretty much arrest anyone at anytime claiming they are disturbing the peace. disturbing the peace is pretty subjective imo, and who's word is going to win in court, the police or a citizen?
It's actually not very
It's actually not very subjective, and is thrown out more often then not when improperly applied.
It's a tool to use to deescalate a situation fast that could provoke violence to/from others or to the officer. unfortunately, it's fast becoming, "so you want to frak with me" with LEO's.
Well, lets see...some snotty
Well, lets see...some snotty college student having a loud party at 4 am, then mouthing off to cops? What are the chances he was drunk or high? Everyone is so caught up in the prospect of the police trampling someone's rights, what about my right not to be woken up at 4 am?
Go me!!
Is being drunk at 4am in
Is being drunk at 4am in your own house illegal now?
if you're drunk enough to
if you're drunk enough to tell the police off when they give you a chance to shut down your party, yes.
I've always been deeply appreciative when the police give the opportunity to just ask for everyone to go home. And for most people, this works. If you don't understand why its a good idea to listen to the police when they're being nice to you at such an unreasonable hour, then you're just an idiot.
Seriously.
For the most part, cops would rather end a situation peacefully without having to make any lengthy reports or show up in court or anything. They're usually pretty good about "here, let's just dump that drink out and we'll both be on our way" or "how about you smoke that on the back porch instead of the front porch?"
When a cop is asking you to leave during, say, a peaceful protest where you aren't breaking any laws, then yes, I support peacefully standing up for your legal right to be there.
But when a cop asks you to leave or to change your behavior in most situations, especially when you're doing something illegal or about to border on it, that's when you say "yes officer, thank you officer" and get on your merry way. Otherwise, you're just a dumbass.
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http://1smootshort.blogspot.com
Drunk at 4 am?
If you're drunk enough to be keeping the neighbors awake, yes.
This is what it's like
TO BE A DRUNK COLLEGE STUDENT AT 4AM in AMERICA!
lOl man its not kids fault
lOl man its not kids fault they deserve to be off away in secluded university /college away form urban setting ... young ppl should be left to do what they want during their time ... too bad they are stuck in middle of urban area with ppl who want to sleep