Legal Question in Criminal Law in Washington

Cop tricked me into getting into trouble

Last night I was having a house party and the cops showed up and started knocking on my door and they said to let them in because there was a burglary and I said no there isn't and he said thats what a burgler would say and I asked him who called it in and he said it was anonymous and he made me go to the window to verify I lived there and then he told me I was under arrest. He gave me an MIP and furnishing a premise for minor consumption and then he told the rest of the party that the party was over and they had to leave so everyone was leaving like they were told and he made them line up and randomly gave out MIPs to them too. And all the time we were talking after people left he was being extremely rude and was swearing at me non stop. My question is can I fight these charges because of the officer's actions? He clearly forced me into turning myself in; can i prove that there was no burglery call? Is there anything I can do to get the charges dropped?


Asked on 8/28/08, 2:58 pm

2 Answers from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Cop tricked me into getting into trouble

Dirty cop. They lie and cheat like that all the time. People (wrongly) think that cops can't lie. You may have a defense in the pretext or lack of valid "reasonable suspicion" to be investigating. Then there is the issue of his authority to kick everyone out of the house. Probably all of the subsequent issued tickets are invalid too. Where did this happen?

At your service,

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Answered on 8/28/08, 5:29 pm
Aaron J. Winkelhake Khodr & Winkelhake, P.L.L.C.

Re: Cop tricked me into getting into trouble

MIPs and Furnishing Liquor are both gross misdemeanors. Further, depending on your age, there may be additional license revocation(s). I recommend that you, and your friends, speak with an attorney at your earliest convenience to discuss the specifics of your case in greater detail. For example, previously I had a case where the MIP/Furnishing Liquor charges were dismissed because the officers, after reciving an informant's tip, walked within the curtilage of the residence and peered into the backyard over a solid fence to obtain the incriminating evidence. Every case is different, but you may have defenses to your charges and it is in your best interest to discuss any possible defenses with an attorney.

I wish you the best of luck.

Aaron J. Winkelhake,

Attorney at Law

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Answered on 8/28/08, 6:40 pm


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