If you have had the pleasure of being at a party that has had a visit by the police, you know that most of the time they will knock on the door and ask everyone to keep it down. This usually occurs after angry neighbors trying to get some sleep get fed up and call the police.
However, in the City of Kalamazoo…life is different for WMU students. In October, police investigated an excessive noise complaint and found what they described as a loud party with young people apparently drinking. According to the district court judge, after a hearing, the police misled the judge who issued a warrant to go into the home. In addition, the police had guns drawn and used excessive force while arresting and issuing multiple MIP tickets and misdemeanor excessive noise tickets.
The judge in the case declared that the warrant was invalid and dismissed all of the cases involved. She stated in her opinion that there may be a civil case to deal with the excessive force. Did the City of Kalamazoo and their officers learn their lesson? NO.
It Happened Again!
In another similar incident, the Kalamazoo Public Safety Department came to a house in the City of Kalamazoo and observed what they determined to be a loud party and young people again drinking. They sought a warrant from the judge on duty and he granted it but limited the scope to get identification of the people in control of the residence only.
The officers executed the warrant by breaking the doors down and with guns drawn again, went room to room getting kids and taking them outside to perform breath tests and admit that they had been drinking. The problem…by the time the warrant had been issued there was no more excessive noise. This was not relayed to the issuing judge. The only thing the kids inside had done is to close the doors and not answer for the police.
A motion hearing was set on all of the kids charged with excessive noise and MIP. Before the hearing, the City of Kalamazoo dismissed ALL of the cases with prejudice (never to return again) and stated to the media that they were conducting an internal investigation.
What does this mean for you?
It means that if you have been charged with Social Gathering, Excessive Noise or MIP where there was a party and the police entered a private residence, you need to have an attorney look over their shoulder.
Contact Ray Purdy today, a former deputy Sheriff, to have him look over the police work in your case. Call (616) 502-1646 today for a FREE MIP consultation.