LEO's Please: Question About Noise Ticket/Disturbing the peace

treblruh

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This is what I could halfway figure out about the ticket. (Noise prohibited statute 16-79. This used to be disturbing the peace if I am not mistaken, but was recently changed to noise prohibited in our county.)
Stillwater, Oklahoma-Payne County

I received a noise complaint ticket at the beginning of this month. It says disturbing the peace statute 16-79 (The officer wrote the correct statute on the ticket, but not the correct description)

The situation is my roommate and I were having a small get together of friends when we get a knock on the door. This door knock was from a woman who told me she was the apartment complexes security officer, and that she needed to see my I.D.. Seeing as both my roommate and I have worked at the apartment complex for over two years and neither one of us recognized her, I was not about to just hand over my I.D.

This is where it gets interesting. She was obviously very angry that I wouldn't give her my I.D., even calling me disrespectful at one point. Repeatedly saying she was an off duty police officer , and she would call her friend on duty. I still was not about to hand over any form identification to a random woman at my door with an under-armor jacket on and no uniform. Regardless I asked everybody that was over to leave as it was apparent the "party" was over.

Everyone promptly left while we were trying to figure out who this lady was and where she actually came from. Not 10 minutes later a sheriff arrives at our door and asks us for our I.D.'s. Note that at the point the sheriff showed up at our door there had been no one at our house for at least 10 minutes. No music no yelling no people. Once he got our I.D.'s he asked this woman what we were doing and filled out the ticket from her account. He did not hear or see anything. My question is that legal? and how would we fight it in court? I mean they were friends (she knew his name, asked how his night was ect.), but he didn't witness us do anything wrong, and he only wrote word for word what she said we were "doing wrong".

I did check with my Boss the next morning and It turns out she was a real off duty police officer and was hired as a night security guard about a week ago.


Summary
1. Lady (crazy for all I know) shows up at door asking for ID claims to be a police officer.
2. People leave because crazy lady at door claims to be a cop.
3. We entertain lady for close to 10 minutes trying to find out who she is.
4. The Lady's Sheriff friend shows up and writes ticket solely on her account.

Questions:
Can he write us a ticket if he did not witness anything?(There was hardly anything to witness) or can he write a ticket just from what she said?

How do we fight it since i am guessing he doesn't have to appear in court for tickets like that. I mean it seems like it would be hard to appeal since it clearly states on the ticket what he wrote, even though he didn't witness it.

Thank you for reading
-Dylan
 

svtcop

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As long as she gave a statement to what she witnessed there is a good chance the charge would hold... Being that she is an off duty leo. Do you know if she is off duty deputy?

Legal counsel would be your next course of action if you are wanting to contest the charge.
 

Devious_Snake

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yeap, if she is an off duty police officer they can invoke the "fellow officer rule" meaning he witnessing it is the just the same as if the sheriff were standing there during the party also. Get a lawyer, im sure its a misdemeanor ticket and fine
 

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