Under a Gibbous Moon

Back in February, one Brian McGacken was brought to his front door by the knocking of New Jersey State Troopers. It seems that someone had phoned in an anonymous 911 call that there were screams coming from his house. McGacken and his girlfriend confirmed that there had indeed been screaming and it had been do to them having (very) loud sex.

Not satisfied with this answer, the police searched the home and uncovered a marijuana factory. McGacken was arrested and convicted. In his appeal, he questioned the probable cause that initiated the discovery. The judge denied the appeal stating that:

The police are not required to accept the explanation that a person answering the door gives for a distress call. While loud sex may have been a plausible source of screaming, that explanation was not so reliable that the police acted unreasonably in investigating further….

But what about it being an anonymous complaint? Oh ya, they covered that:

Defendant did not deny that screaming had occurred in his residence. His admission made it unnecessary for the police to seek corroboration to establish the reliability of the anonymous 911 call.

The points above are listed in order in the ruling. The court first said that an anonymous tip trumps face to face. Essentially, people with names lie but anonymous tipsters never do.

The courts explanation for the second point is essentially a hand wave. Their first point clearly states that the “explanation was not so reliable” that the police still had probable cause despite the explanation. Since there was no screaming when the police arrived (which further bolsters the reliability of the excuse) they should have to get a warrant if they really feel that there is something sinister going on.

The biggest problem with this is that the source of the complaint is anonymous. No one is held responsible, there is no confronting your accuser. It could have come from anyone for any reason. Hell, with a case like this the police could just start calling in anonymous tips to search any house they want.

I once had a neighbor that wouldn’t turn down their music. When I called the police I came outside when the officer arrived and went with him when he knocked on the door. I’m not saying that everyone needs to be so bold (though it would help), but if you are going to file a complaint you better be willing to put your name behind it.

Hat Tip: Boing Boing

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4. Pittsburg Cops accused of brutality
5. Man uses penis as a weapon to assault police