I’ve read this comments with interest. From what I’ve read some people are clearly mistaken as to what the Fourth Amendment requires.
First, yes, the kids are being jerks. But do be aware that as soon as that guy steps outside the apartment he is likely to be arrested for public drunk. As for the yelled comments about being “detained,” this is important. A police officer has a duty at all times to inform one as to whether he is being detained, and if so on what charge. I used to have a party house (it was about 50 yards away from two different bars, so a popular late-night spot), and they would always say if they came by a third time someone was getting arrested. I never really believed anyone was complaining about the noise, but that’s another story. We never pressed our luck on the third visit.
Opening a door does not give an officer the right to enter a building. Opening the door is not “consent.” I do not think it wise to refuse to open the door, although it might be wise to only open it a crack. Note that no arrest was for anything other than resisting arrests that the officers had no right to make! And the cannot come in unless he witnesses a felony. In this case he did not. The film clearly shows him illegally grabbing the student and jerking him outside the apartment.
As for the warrant, there are search warrants and arrest warrants. Again, unless an officer is in hot pursuit he cannot enter a home to make an arrest without a warrant. Nor can he require anyone to “step outside.”
I think it’s important to note that the Tuscaloosa police chief has publicly said that the kids were right and the police were wrong. I really think that trumps everything else said on this thread.
Indiana has passed a law which permits its citizens to use deadly force against police who act as these police did, overturning a court ruling which said the issue should be left to the courts, which is silly, since a court has no time machine which can cause an innocent person not to be tasered or billyclubbed. In other words, had these students attended an Indiana university they simply could have pulled out their guns and blown these policemen away. And from what I’ve seen, they deserved it.
Our homes are sacrosanct. Our Stand Your Ground laws are certainly a good start, but we need to protect our citizens and our students from the police. Hopefully more states will join Indiana in passing these laws to protect our homes and our students from violent, out-of-control police.