BASIC FACTS:  Police were called to an apartment house for allegations of a loud party.  Upon arrival at the scene, the first officer saw a large number of people standing outside the building.  The people saw the police cruiser and began to move back inside the apartment building.  The officer ordered the people to stay put but they ignored her and went about their business.  The officer’s repeated demands for identification were all rebuffed by members of the group.

The officer called for backup when she saw that there were dozens of guests at the apartment building.  Officers from surrounding towns arrived with marked cruisers and blue lights flashing.  The people continued to ignore the officers’ demands to stop and identify themselves though.  Instead, they all filed back into one of the apartments.  Some were allegedly carrying cans of beer as they went into the apartment. 

The people wedged themselves into the apartment.  The officers peered through windows and observed them standing shoulder to shoulder holding alcoholic beverages.  The officers demanded entry, but the occupants ignored them and went about their conversations.  The officers persisted in demanding entry but the occupants told them to get a warrant.  The occupants refused to leave or open the door.

One officer guarded the rear entrance while another guarded the front.  Occupants of the dwelling began jumping out of the windows and fleeing on foot at a rate faster than the officers below could catch them.  Many of them made it to safety without being seized by the police.  Some of the slower jumpers were caught and detained but refused to identify themselves.

Meanwhile, a few of the remaining occupants tried their luck at leaving via the back door.  When they reached the bottom of the stairs, they saw police officers and retreated back up stairs.  During this momentary lapse in the locking of the front door to the apartment, two officers entered the apartment, which had now gone completely quiet.  While the officers saw numerous empty and full beer cans and bottles, there were no people in sight.  They yelled out that they would not leave until every one identified themselves.

One man emerged and identified himself as a 20 year old.  The police searched the kitchen and found a bong and a substance they believed to be marijuana.  The officers began to search other rooms in the apartment where they found several more people, including the defendant and his co-defendant sleeping in their own rooms. 

Below in the parking lot, police had apprehended several guests.  They had procured identifications from 7 of them that purported to younger than 21 years old.  The defendant was charged with facilitating an alcohol party where 5 or more persons under the age of 21 were present, possession of marijuana and a public nuisance violation.

DEFENSE:     Attorney Stevens filed a motion to suppress all evidence of the search of the defendant’s apartment, which was conducted without a warrant. The case proceeded to trial.  The state could not prove that there were actually five or more people under 21 at the defendant’s apartment, and he was found not guilty of the house party charge.  The marijuana charge and the public nuisance charge were dismissed!!!

TRIAL RESULT:      NOT GUILTY OF FACILITATING AN UNDERAGE ALCOHOL PARTY AND DISMISSAL OF THE MARIJUANA CHARGES AFTER TRIAL!!!

Attorney Stevens thanks God for this successful defense!!!

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