[cheshirecat]

I think that's a great higher road to take, Tom. But you can explain everything you are doing at the door with the officer. Not saying don't show them respect, but they know very well that they have no right coming into your home if you don't invite them. They can return to the precinct and investigate the laws more closely and see if they have reason enough for a warrant. but coming into your house and trying to find something you are doing that is illegal - that's beyond the scope of what law enforcement is intended for.

I can see what you are saying but at the end of the day I would rather let them in so I can clear the matter up than have them get super suspicious and come back with a warrant. Instead of just looking around for anything in plain view (which is the only thing they can do without a warrant), once they come knocking with a warrant they rip everything apart and confiscate anything they deem "suspicious". Yes they will issue you an apology etc, etc. but it would be a pain in the ass.  Like I say about every right we we have, just because you CAN do something doesn't always mean you SHOULD.

[beerbull]

If your neighbor calls the cops because of suspicious activity, they have an obligation to investigate.  Its the job that the citizens pay them to do.  If you are doing something illegal, don't answer the door.  They would probably rather you didn't answer the door as that means more work for them.  If you are just home brewing, I'm sure most cops know that it's legal and many cops probably home brew themselves.  If they aren't sure about the legality of home brewing, or don't know the difference between home brewing and distilling, I say take the time to show them around and educate them.  They would probably appreciate it and find it interesting and would probably help out the next home brewer that has the cops called on them. 

[majorvices]

I think that's a great higher road to take, Tom. But you can explain everything you are doing at the door with the officer. Not saying don't show them respect, but they know very well that they have no right coming into your home if you don't invite them. They can return to the precinct and investigate the laws more closely and see if they have reason enough for a warrant. but coming into your house and trying to find something you are doing that is illegal - that's beyond the scope of what law enforcement is intended for.

I can see what you are saying but at the end of the day I would rather let them in so I can clear the matter up than have them get super suspicious and come back with a warrant. Instead of just looking around for anything in plain view (which is the only thing they can do without a warrant), once they come knocking with a warrant they rip everything apart and confiscate anything they deem "suspicious". Yes they will issue you an apology etc, etc. but it would be a pain in the ass.  Like I say about every right we we have, just because you CAN do something doesn't always mean you SHOULD.

If you want your privacy invaded that's fine, just be sure to know that your right is not to let them in, even if you are doing something illegal. If they come into your house and start looking for reasons to arrest you that is a direct violation of your personal rights. That's the part I have the biggest issue with. The fact that the cop came into his house and was looking to make something out of the situation.

[bluesman]

A lot of good points here.

I've never had this happen to me but it seems a bit odd the way it all went down. I agree with Keith in that law enforcement officials do need a search warrant to legally enter your house, unless you invite them in. Perhaps this was due to their inexperience.

It's hard to say how I would handle this situation but I wouldn't invite them in. They have no right to enter one's home or property without a warrant. There are a lot of very small town police departments across the country that may see things differently...if you know what I mean.

[Joe Sr.]

I had a neighbor call the cops when we were unloading motorcycles after a road trip.  Nothing even close to illegal. 

I grew up here as did the guy I was with.  The cop who showed grew up down the street. His partner did not, and gave us the evil eye. 

Who knows whats up with neighbors?  And no way that cop searches the trailer.  I'm sure he could find something to hassle us with if he wanted to.

As it was, he said f the neighbors, but hurry up. And he wouldn't say who called, which is just as well.

[Jimmy K]

law enforcement officials do need a search warrant to legally enter your house, unless you invite them in. Perhaps this was due to their inexperience.

It is not inexperience, they are trained to talk their way in. As long as you agree, it is legal.
 
I'd probably invite them in the garage, since they'd be standing in the doorway anyway and with the goal of educating them. But also if one states that the smell is hops and malt boiling and that you are homebrewing which is legal, they shouldn't need or expect to come in. If you politely say no I don't think they'd feel provoked.  If they had ANY probable cause they wouldn't be asking anyway, because they wouldn't need the warrant.

[bo]

I think that's a great higher road to take, Tom. But you can explain everything you are doing at the door with the officer. Not saying don't show them respect, but they know very well that they have no right coming into your home if you don't invite them. They can return to the precinct and investigate the laws more closely and see if they have reason enough for a warrant. but coming into your house and trying to find something you are doing that is illegal - that's beyond the scope of what law enforcement is intended for.

I agree. Step out side your door, but close it behind you. Be polite and answer all of their questions. They'll figure out very quickly, that you don't want them in your house. I've done this very thing and it has never come back to bite me. Again, be polite, IE not an asshole. Remember, you're in the right.

[phunhog]

man, that's crazy. 

everytime i brew, part of me wishes the cops would come and arrest me since homebrewing is illegal.  i feel like that would cast enough absurdity on an asinine archaic prohibition whose time has long gone.

Exactly!!  Why was the federal highway speed limit increased?.....Because everyone was already speeding and nobody was enforcing the speed limit.  I agree that some of these dumb homebrewing laws are only still on the books because nobody has ever enforced them.

[s rails]

I had the police come by one day because the neighbor reported that I was growing the cousin.  It was during the hop crisis and I had about 4 cascade bines growing ten feet up in front of their window that looked out into my backyard.  I knew the officers and let them check it out.  It went ok.  In fact I gave each officer a 22 oz. of my APA to take home.  Needless to say I pulled the cascade out once the hop crisis ended.  To much work when it's easy to legally buy the stuff.

[punatic]

You all realize that there is someone who lives at 1600 Pennsylvania Ave. and claims to be a homebrewer, that can be referred to as bo, yes?

Ya think... maybe?

[tschmidlin]

It's hard to say how I would handle this situation but I wouldn't invite them in. They have no right to enter one's home or property without a warrant.

This may not be 100% accurate, I'd be wary of taking legal advice from people on the internet

It is fine to refuse, but if they insist they have cause it is best to get out of the way and cooperate.  If they are lying then I don't think they're going to be able to use anything they find, but if they are telling the truth there could be an obstruction charge.

Then again I'm not a lawyer, and someone once said "I'd be wary of taking legal advice from people on the internet".

[morticaixavier]

apropos of nothing, but I used to live in rural Vermont and those winters can get a little long and dark. Seasonal Affective Disorder will and does set in. So one winter I got myself a 600 watt  metal halide balasted grow light. and had a winter garden in the living room. 3 times that winter the cops showed up at the door to 'check on the neighbors' (this is actually possible as the neighbors were a little sketchy). Actually, to there credit they never asked to come in... because the garden was right there in the front room where the could see it. Lettuce, baby carrots and radishes all winter long. cherry tomatoes never really worked out but we started our summer garden as well so it wasn't to much trouble

[bluesman]

Then again I'm not a lawyer, and someone once said "I'd be wary of taking legal advice from people on the internet".

I couldn't agree more.

[beersk]

And there you have it. Someone that needs a life and no matter what you do, she'll continue to call the cops for any reason she can dream up. Take the high road, low road or any road in between and you'll get the same results. I've dealt with people just like that and they never change. You offer her a beer and she tell the cops your selling alcohol in the complex or some other stupid ass thing.

Have you met beersk?  I think you'd get along.

The neighbors may be stupid, annoying, or whatever, but they're not worth worrying about.  Take them a beer, be generous and kind, and if they still dislike you or want to call the cops, that's on them.

Haha, ummm thanks?


If you're innocent there should be no reason not to cooperate with the police.  Not cooperating only adds to the suspicion.

[bo]

And there you have it. Someone that needs a life and no matter what you do, she'll continue to call the cops for any reason she can dream up. Take the high road, low road or any road in between and you'll get the same results. I've dealt with people just like that and they never change. You offer her a beer and she tell the cops your selling alcohol in the complex or some other stupid ass thing.

Have you met beersk?  I think you'd get along.

The neighbors may be stupid, annoying, or whatever, but they're not worth worrying about.  Take them a beer, be generous and kind, and if they still dislike you or want to call the cops, that's on them.

Haha, ummm thanks?

That was about the response I had, less a few expletives.