Legal Question in Criminal Law in Pennsylvania

Re: Illegal Search?

good luck arguing your case before the local district justice. they are not pre-disposed to fourth amendment-based defenses. the police had pc once the neighbor complained or they happened by or some jealous nerd phoned in a tip.

case law interpreting IV has devolved since the Warren Court, particularly under Rhenquist. the curtilage or yard can be breached, the porch can be stomped upon, the windows looked into and if the house is multi-party residence of unrelated people, under NY v Quarles, the friendly blueshirts can even go inside the foyer.

don't act impertenant. have your lawyer schmooze the officers and resolve to throw some money at the government in exchange for no record of anything other than a summary offense which will not prejudice your future.

i'm in altoona if i can be of further assistance.

TV

Re: Illegal Search?

Assuming there were no other extraneous circumstances, the police had a duty to investigate the noise they heard or that which was reported. They were searching for the noise when they observed people drinking in plain view. You would have a much better case if you were in the house, a garage, shed etc. A place where the expectation of privacy was greater. A police may enter upon a person's property to investigate. They may not violate a persons fourth amendment right to privacy which is usually held within their home or vehicle without the necessary probable cause or emergent circumstances. Try to get the cop to give you a disordely conduct under 5503 and a $50 fine.