Anyone get arrested for brewing or mistaken identity?

[Mikethepoolguy]

Excuse me, but if the issue was lp tanks stored improperly then the cops didn't need to be there at all. That was just an excuse to search the property without a warrant. Did anyone bother to investigate first or even ask the guy what the stuff was for? It's a good thing he wasn't at home or he might have gotten harassed and beat up too.

 

[jd3]

Get a lawyer and take their ass to court for entering without a warrant.

They entered legally.

Goes like this. Landlord reports to fire department for possible fire code violation. Fire department comes with Fire Inspector and PD comes along for protection(this is standard on any of these types of things). Fire department doesn't really know what they are seeing, says to PD, there is some suspicious stuff. I think you need to look at it.

They look. Based on the above they could have easily obtained a warrant too. The standards to get a warrant aren't particularly high. Particularly when you've got the word of a truck full of firemen. Like ABG said, who hates on firemen?

The firemen are the ones who threatened to come back. They are the ones who took the propane tanks(and I agree that they should be removed from a residential building.).

This law allowing fire inspectors entrance isn't that uncommon. IN my area in a fire related to a meth lab, the fire department stays on scene(and thus has access to the building) until search warrants are secured by the PD. Fire department inspector can close off the building for "public safety" until they basically feel like it and thus people cannot go in to destroy evidence. If someone attempts to go in, it is an arrest for interfering with official business.

Do we even KNOW the PD was involved? All we have is that it was "raided".

This quote misses something:

"ever once witnessed black smoke pouring out of my buddy’s apartment. The windows were not covered with foil or blankets, and no one was bringing fuel cans, drain cleaners, or coffee filters into the residence on a regular basis. "

He was however witnessed bringing propane tanks in and out, prob seen with carboys or the like. To most people, like most of us know, that would be suspicious. Why in the hell should someone be bringing multiple propane tanks into their apartment?

There isn't even enough information in this story for us to confirm any part of it. It is a "blog" post and not "journalism" in any way. It is more of an op-ed.

People getting their panties in a bunch need to remember that 1) he was violating at least 1 law. 2) the landlord authorized search(which is legal by law) 3) the FIRE department said they would come back.


What exactly did the police department do wrong here?

Fire fighters are like angels to people. They must **** pure gold. (I'm a paramedic so I am the ugly step child of public service).

 

[jd3]

Excuse me, but if the issue was lp tanks stored improperly then the cops didn't need to be there at all. That was just an excuse to search the property without a warrant. Did anyone bother to investigate first or even ask the guy what the stuff was for? It's a good thing he wasn't at home or he might have gotten harassed and beat up too.

Do we actually know the PD was there? There was a note from the FD. He wasn't there. And we can't confirm ANY of this?

What a bunch of butt hurt emo kids running to the fire.

 

[RRoy333]

Its really sad that home brewing is so taboo still. Im treated with a sort of cautious curiosity when talking beer with my friends haha. Granted, these are some of the same people who think food comes from the grocery store...

 

[boo boo]

Unfortunately, the only real time we, the public, hear about any deeds the cops do, is when it is bad. Not enough is said about those good cops, which happen to have our best interests at heart, doing normal police work. Sometimes those best interests conflict with your basic rights, but you US citizens, not without reason from what I understand, get your backs up and blast the very people you charge to protect you. It's time to get serious with the multiple offenders.

I fear Canada is following your example.

 

[Baldy_Beer_Brewery]

I'm putting my stuff in storage while we prepare our house to sell. In the little town of less than 2500 people with seven police officers that get erections at the thought of busting a meth lab, I would have had nothing but hassle had I got pulled over on the way to the mini storage.

 

[boo boo]

I had a buddy of mine get busted a little while ago with meth pils. I always knew he sold a little weed and hash and I don't think that was much to worry about. But meth is another thing. He deserves every thing the judge gives him if he is found guilty
I don't live in a huge metro region, but the fact that he was busted with so much, makes me wonder how epidemic the meth problem is, and how the cops can do anything to stop it.
Time to educate people that it is far better to drink home brew than shag around with drugs, not that an abuse of home brew would be any better.

 

[ClaudiusB]

Hello fellow El Pasoan! I just might have to walk in your door myself some day!

Any time

During our cold winter days (50s) only a yellow light will tell you the brewery is open.

I am a professional firefighter and I will tell you what my crew would do!..

On there first training mission a few years ago.
Save the brewery not the house.

I have strangers asking me what do you do, my reply research lab.

Cheers,
ClaudiusB

 

[Franco]

Fire fighters are like angels to people. They must **** pure gold. (I'm a paramedic so I am the ugly step child of public service).

Completely but stay strong brother, we're everywhere

 

[Teromous]

I brew in my back yard with a privacy fence, so my only real encounters have been police helicopters hovering overhead. I just give them a wave and go about my business, but it's funny to attract interest. I'd much rather get buzzed by a helo than have my house invaded while I'm away...

 

[downtown3641]

I've never been hassled. My neighbors know what I'm doing, so I doubt the police will ever pop in. However, if the do come by and their inquiry involves anything beyond "Hello, sir. What's in the cooler?," I'll likely file a complaint.

 

[microbusbrewery]

Long story short, since the guy was a renter the landlord had every right to let the PD and FD in to investigate. When you're the victim of this type of situation it can be a bit unnerving and I think the PD could have handled it better. That said, I think it's kind of human nature to assume the worst and unfortunately sometimes that means assuming guilt. I'm not saying that's right, but unfortunately that is the case sometimes.

Case in point, and I apologize for the novel, but a couple years ago we had a fourth of July BBQ/party and we were shooting off fireworks in my cul de sac. Unknown to me, someone that was renting a house around the corner took exception to the fireworks and had come over to complain.

I couldn't hear what she was saying, but I saw her yelling at someone and she was visibly aggitated. I watched her start to walk away then she abruptly stopped, turned around, and made a bee-line for me. She jammed her cell phone in my face and was trying to take my picture. I calmly asked her what she was doing and held my hand up. She started waving her phone around trying to take my picture and was yelling and swearing at me. She hit my hand with her cell phone then started screaming "Assault, assault!!!!" I could tell this wasn't someone that was dealing with a full deck so I immediately turned and walked away from her.

Counting my guests and the neighbors, there were at least 30 witnesses on hand, most of which were telling her to calm down and go home. This lady was pacing back and forth dropping F-bombs and telling my kids they were going to burn in hell. I sent everyone inside the house and she appeared to leave so I figured it was over. Then about 20 minutes later the police showed up. I went out to talk to them and about two seconds into it I could tell by their attitude toward me, they were assuming I was guilty of assault. I gave them my statement then they talked to a couple of my guests as well as all the neighbors. All my neighbors came to my defense and told the police that nothing had happened other than the crazy lady had been freaking out. The police stopped taking statements after the fifth witness...then they issued me a citation for assault.

The lady claimed I grabbed her by the wrists and I was wrestling her in front of all my neighbors (and for some mysterious reason nobody came to her aid when I was "attacking" her) until she somehow managed to overpower me. Oh, I should probably mention, I'm 6'5" and I weigh about 250lbs. At the time I'd been doing a lot of road cycling and lifting weights. I wasn't in the best shape of my life, but pretty good shape for a 40 year old. The lady was probably in her early 60's, was about 5'2" and about 180lbs...basically a short flabby blob. I looked at the cops when they told me her story and I asked, "you seriously believe that?????"

I'm a very mellow laid back guy. I never made any threatening gestures, never made any verbal threats, and I immediately walked away to try to diffuse the situation. Looking back on it I can't think of anything I could have done differently except maybe take out my cell phone and record her so that I had evidence of how out of control she was. I've considered installing a surveillance system on my house because of this experience. I got a ticket from the PD simply because in their minds they saw a big guy and a little old lady playing the assault card. The police actually told me that just being a large guy can be intimidating to people. I told them I can't help being a big guy and there's no law against it. Fortunately in my case, the city attorney took one look at it and dropped the charge. To this day it still pisses me off that this woman lied to police and wasted my time, the police's time, the city's time, etc.

I guess the point I'm trying to make is despite their best intentions, police officers are human and just like you and me they can jump to conclusions and make mistakes.

 

[ScoRas]

A landlord can not consent to search. They can report suspicious circumstances that may give law enforcement probable cause, or enough info to obtain a warrant. I'm not taking any sides here, just reporting some court decisions regarding the matter.

http://www.caselaw4cops.net/searchandseizure/consent.htm

 

[jd3]

A landlord can not consent to search. They can report suspicious circumstances that may give law enforcement probable cause, or enough info to obtain a warrant. I'm not taking any sides here, just reporting some court decisions regarding the matter.

http://www.caselaw4cops.net/searchandseizure/consent.htm

They CAN consent to a fire department inspection. There was no criminal search done here. I'm not really sure why people get so friggin emo about this crap.

 

[ScoRas]

They CAN consent to a fire department inspection. There was no criminal search done here. I'm not really sure why people get so friggin emo about this crap.

that is absolutely true, and what happened in this case. I for one, am glad that a landlord would do something about a tenant storing LP in an apartment. I was only correcting some misinformation I read in this thread.

For the record, I have no problem with police or fire fighters.

 

[sweetcell]

i recently posted a picture of my two carboys (one with a blowoff tube) in a beer-appreciation thread of a music forum.

first comment? "looks like a meth lab".

 

[edmanster]

wasn't the brother-in-law FDA agent in breaking bad a homebrewer? The article should have mentioned that..lol..

 

[bernerbrau]

wasn't the brother-in-law in breaking bad a homebrewer? The article should have mentioned that..lol..

I remember that scene. Growlers, racking canes and airlocks everywhere. My wife goes, "See? I told you your beer setup looks like a meth lab!" Camera pans out and Hank Schrader is bottling homebrew. I just turned to her and gave her the biggest look of smug satisfaction I've ever given anyone.

 

[edmanster]

I remember that scene. Growlers, racking canes and airlocks everywhere. My wife goes, "See? I told you your beer setup looks like a meth lab!" Camera pans out and Hank Schrader is bottling homebrew. I just turned to her and gave her the biggest look of smug satisfaction I've ever given anyone.

Been a while since I seen it but wasn't it the same day he capped, that night they were bottle bombs and he thought they were guns? That's hollywood

 

[KYB]

I don't know much about making meth, but why does everyone think a damn turkey fryer kit = making meth. Yea, I'm definitely making meth in my driveway for everyone to see.. I would have been so pissed if that was me. No real evidence and they bust in.

 

[weirdboy]

A landlord can not consent to search. They can report suspicious circumstances that may give law enforcement probable cause, or enough info to obtain a warrant. I'm not taking any sides here, just reporting some court decisions regarding the matter.

http://www.caselaw4cops.net/searchandseizure/consent.htm

I don't know about your state, but here in California a landlord can enter a tenant's unit for several reasons (e.g. inspection, maintenance) with 24 hour prior notice,and can enter the property at any time in the case of an emergency. There is nothing preventing said landlord from entering with police officers in tow.

 

[TriageStat]

The chief of police lives next door to me..on brew day he stops in to shoot the **** and have a couple

 

[scottland]

Other than one or two people, everyone is missing the point that they had propane tanks stored inside their apartment. I'm sorry, but that's a bad idea.

Propane tanks go 'boom' in a fire. The fire department came in, did an inspection, and from the sounds of it, it was totally justified.

I know if I was a fireman, I wouldn't want to rush into a burning building if it had some LP tanks that were waiting to explode. That's how firemen die.

 

[ScoRas]

I don't know about your state, but here in California a landlord can enter a tenant's unit for several reasons (e.g. inspection, maintenance) with 24 hour prior notice,and can enter the property at any time in the case of an emergency. There is nothing preventing said landlord from entering with police officers in tow.

You are right, but they can't consent to a search of your personal belongings, i.e. anything that is put away in such a way as to have a reasonable expectation of privacy. They can certainly allow officers in for safety, or destruction reasons.

Anyways, nothing in the story posted in the OP looks like the landlord or police overstepped their duties. I'm really not trying to feign outrage or anything here, this is just a law I looked into and I tried to post some court decisions. It's good to know the law.

 

[ScoRas]

Other than one or two people, everyone is missing the point that they had propane tanks stored inside their apartment. I'm sorry, but that's a bad idea.

Propane tanks go 'boom' in a fire. The fire department came in, did an inspection, and from the sounds of it, it was totally justified.

I know if I was a fireman, I wouldn't want to rush into a burning building if it had some LP tanks that were waiting to explode. That's how firemen die.

I agree that is justified.

 

[bernerbrau]

I don't know much about making meth, but why does everyone think a damn turkey fryer kit = making meth. Yea, I'm definitely making meth in my driveway for everyone to see.. I would have been so pissed if that was me. No real evidence and they bust in.

Everyone loves a scandal, there's always a few people who are just bored enough to call the cops on an upstanding citizen who happens to brew his own beer legally, and there's always a few cops who are just zealous enough to book said citizen on probable cause.

My gut tells me these cases are few and far between, but when they happen they make headlines with the brewing community.

 

[hoppymonkey]

I don't know about your state, but here in California a landlord can enter a tenant's unit for several reasons (e.g. inspection, maintenance) with 24 hour prior notice,and can enter the property at any time in the case of an emergency. There is nothing preventing said landlord from entering with police officers in tow.

+1 Same deal here is GA. I hated it when I lived in an apartment. We couldn't even own a grill to place on our small padio as that was illegal as well.

 

[Airborneguy]

You are right, but they can't consent to a search of your personal belongings, i.e. anything that is put away in such a way as to have a reasonable expectation of privacy. They can certainly allow officers in for safety, or destruction reasons.

Anyways, nothing in the story posted in the OP looks like the landlord or police overstepped their duties. I'm really not trying to feign outrage or anything here, this is just a law I looked into and I tried to post some court decisions. It's good to know the law.

The shame of it is that most of the posters in this thread, and seemingly a majority of society, are perfectly content working themselves into a complete state of outrage with very little solid information, as long as it is written somewhere on the internet and especially if it involves the police. I wouldn't blow my nose based on anything written in a blog, much less start the jack-booted a-hole cop accusations.

 

[usfmikeb]

The shame of it is that most of the posters in this thread, and seemingly a majority of society, are perfectly content working themselves into a complete state of outrage with very little solid information, as long as it is written somewhere on the internet and especially if it involves the police. I wouldn't blow my nose based on anything written in a blog, much less start the jack-booted a-hole cop accusations.

Many of us have dealt with a-hole cops at some point in our lives. For example, there was this cop when I was in high school that harassed my friends and I because we had long hair. He went to exorbitant lengths to mess with us, and usually threatened us with brutality each time. He would push us around, humiliate us in front of others, and consistently tried to entrap us. So, I've been there and understand why many people think about police the way they do. With that said, I think it is the minority of police that act that way, and I still treat law enforcement with respect.

 

[ScoRas]

The shame of it is that most of the posters in this thread, and seemingly a majority of society, are perfectly content working themselves into a complete state of outrage with very little solid information, as long as it is written somewhere on the internet and especially if it involves the police. I wouldn't blow my nose based on anything written in a blog, much less start the jack-booted a-hole cop accusations.

Yeah, I hear you. Even in that article it never stated the police did anything beyond check the safety of the premises. There was just so much misinformation in this thread regarding the ability of a landlord to give up 4th amendment rights, I felt I had to chime in with some court decisions.

I should keep my noob butt out of it, lol.

 

[rexbanner]

The shame of it is that most of the posters in this thread, and seemingly a majority of society, are perfectly content working themselves into a complete state of outrage with very little solid information, as long as it is written somewhere on the internet and especially if it involves the police. I wouldn't blow my nose based on anything written in a blog, much less start the jack-booted a-hole cop accusations.

Story sounds pretty plausible to me. People believe these things because cops do this type of stuff all the time. I work at a coffee shop and many cops come in, and all of them are very friendly and polite. But I think most people have had at least one bad experience with a cop.

Also, I get extremely frustrated reading about police who abuse their power. The end result is almost always nothing. The officers in question get paid suspension while a do-nothing investigation results in no punishment.

 

[Airborneguy]

Story sounds pretty plausible to me. People believe these things because cops do this type of stuff all the time. I work at a coffee shop and many cops come in, and all of them are very friendly and polite. But I think most people have had at least one bad experience with a cop.

You have to realize how ridiculous these sentences taken together sound.

ALL (your word) of the cops you regularly encounter are very friendly and polite, but somehow you find this story plausible based on... wait, based on what?

What exactly is this story anyway? A safety check is conducted with the landlord's permission (and possibly his urging since cops and firemen aren't psychics) because someone was accused of keeping propane tanks in an apartment building, someone involved (could have been cops or firemen), moves some carboys around, and a fire marshall makes a stink about a dead battery... so what exactly did the police do wrong here?

See my point? Do you really expect a majority of cops to care what the public thinks when no matter what the public is going to hate them anyway (even based on a blog post)?

(still nothing on the mistaken identity or whether anyone got arrested btw. I'm soooo surprised the blog didn't cover those points. Imagine a steadfastly reliable blog neglecting those important pieces of information! Never happens )

 

[SittingDuck]

Sorry, ABG. You're fighting a losing battle. I only do civil litigation (as you know from my understanding of the 5th ) and I still have clients telling me how cops are screwing them. Even if there are no cops involved.

Every defense attorney I know is convinced every cop is a lying scumbag. My law school buddy the DUI lawyer will tell you every one of his clients was railroaded by a dirty cop, not that his client got hammered and decided to drive. His client with multiple DUIs isn't a repeat criminal, he just apparently has bad luck with cops.

Everybody hates cops. Everybody knows they are all dirty. Well, I mean, except for the ones they know personally, those guys are cool, but all the other ones are dirty. It must be true. I saw it on TV. Or a blog.

Oh, and try seeing how many people like lawyers sometime.

 

[SouthBay]

I hate when im brewing up illegal drugs and people assume im making beer

 

[Airborneguy]

Everybody hates cops. Everybody knows they are all dirty. Well, I mean, except for the ones they know personally, those guys are cool, but all the other ones are dirty. It must be true. I saw it on TV. Or a blog.

I've dumped a few friends who fit this quote 100%. Telling me "you're cool and we know you don't do anything wrong," isn't going to cover for every time they bad mouth pretty much every cop they ever see. I love when people try to tell me stories about how a cop "went through a red light right in front of me for no reason. What do you think of that?" I tell them I think it's amazing that they knew exactly what the cop was doing without having access to a police radio. I told someone I used to hang out with that we couldn't be friends anymore because I didn't want to be there to help him on the off-chance he ever needed a cop while I was with him. Every other day he had a story about something a cop did wrong to him, and not a single instance was his fault in any way.

The level of proof required by the general public to make decisions amazes me sometimes (actually, almost always). Odd, considering I'm the one who supposedly makes decisions with little to no evidence...

 

[thatjonguy]

I've dumped a few friends who fit this quote 100%. Telling me "you're cool and we know you don't do anything wrong," isn't going to cover for every time they bad mouth pretty much every cop they ever see. I love when people try to tell me stories about how a cop "went through a red light right in front of me for no reason. What do you think of that?" I tell them I think it's amazing that they knew exactly what the cop was doing without having access to a police radio. I told someone I used to hang out with that we couldn't be friends anymore because I didn't want to be there to help him on the off-chance he ever needed a cop while I was with him. Every other day he had a story about something a cop did wrong to him, and not a single instance was his fault in any way.

The level of proof required by the general public to make decisions amazes me sometimes (actually, almost always). Odd, considering I'm the one who supposedly makes decisions with little to no evidence...

The truth. It is amazing how all your friends slowly become other law enforcement or emergency services. I miss it everyday.

 

[jd3]

Story sounds pretty plausible to me. People believe these things because cops do this type of stuff all the time. I work at a coffee shop and many cops come in, and all of them are very friendly and polite. But I think most people have had at least one bad experience with a cop.

Also, I get extremely frustrated reading about police who abuse their power. The end result is almost always nothing. The officers in question get paid suspension while a do-nothing investigation results in no punishment.

1) The story obviously lacks solid facts. The basics from the story indicate that the fire department did everything related to this incident. I'm not sure what cops actually have to do with the story. The fire department made entry. the fire department took the tanks. The fire department looked for hazardous chemicals. The fire department took the LP tanks. The fire department told him they could come back for a random inspection.

What exactly did the police department do?

2) bad experience.... people always think the cops are doing something wrong when they point out that THEY are doing something wrong. They are trained to be suspicious. If you haven't been beaten, arrested without cause, or unjustly harassed, wtf have the cops actually done to you? The story people tell vs the story the cops tell is always grossly different. Is it ALWAYS the cops that must be exaggerating and lying to cover THEIR asses? Me thinks not. A cop doing his job and writing a ticket doesn't make him an *******.


I would imagine the incidence of misconduct with police officers is no higher than that of any other job. Likely MUCH less. Particularly ACTUAL misconduct and not some emo cry baby "they pulled me over for no reason".

I'm not a cop, but I am a paramedic. I spend a lot of time with cops on the streets. Every Joe blow out there says the same thing. "I had two beers and I was standing there minding my own business when some guy I've never seen came up out of no where and kicked my ass and ran away before I got a look at his face".

 

[rexbanner]

You have to realize how ridiculous these sentences taken together sound.

ALL (your word) of the cops you regularly encounter are very friendly and polite, but somehow you find this story plausible based on... wait, based on what?

What exactly is this story anyway? A safety check is conducted with the landlord's permission (and possibly his urging since cops and firemen aren't psychics) because someone was accused of keeping propane tanks in an apartment building, someone involved (could have been cops or firemen), moves some carboys around, and a fire marshall makes a stink about a dead battery... so what exactly did the police do wrong here?

See my point? Do you really expect a majority of cops to care what the public thinks when no matter what the public is going to hate them anyway (even based on a blog post)?

(still nothing on the mistaken identity or whether anyone got arrested btw. I'm soooo surprised the blog didn't cover those points. Imagine a steadfastly reliable blog neglecting those important pieces of information! Never happens )

Hmm, baseless? Maybe it's because like I said, most of us have had at least one negative experience with a cop.

I also said the ones who come into where I work, not all of them. Not very hard to understand, actually.

Maybe people are angry about this story because they don't like a bunch of people coming into their house and searching their stuff without at least talking to them first. Crazy, huh. Also, I wasn't aware that the general public has a negative perception of police, but if that's your view, ever wonder why that might be?

 

[jd3]

Maybe the OP can ask his friend for a pic of the carnage and the note. It'd do wonders to help me understand this Fukushima like destruction that ensued following Hurricane Fire Department.

Does anyone notice this story lacks all of the anonymity of internet folk lore? No location. No full names. No news story. Nothing.

If he really feels accosted perhaps he should call up SittingDuck and they could formulate the next class action lawsuit of the century.

 

[JRems]

I don't know if it was mentioned, but the landlord should be getting the letter for the smoke detector battery. It's not the tenants property.