Re: § 4.1-317. Maintaining common nuisances; penalties.
Posted by:
patrick henry
()
Date: September 09, 2015 11:00AM
Cops sometimes [often?] write flawed [unenforceable] tickets - so check [read] the cited law on your ticket- if it looks inapplicably, then plead "NOT GUILTY" Go to court and fight them! Here is an example:
Three college roommates threw a party at their rented house near college in richmond recently; it was an open party, and some guests happily contributed $5. Later, two richmond cops showed up, about midnight, and they didnt knock. They just walked right in. In other words, the cops illegally entered [that is, w/o a warrant or the consent of the owner [who was absent] or the roommates]. The law bars all illegally obtained evidence [including any witnesses or testimony] the cops acquired following their ILLEGAL ENTRY. This means the tickets the cops subsequently issued to the roommates which were based on the cops' illegally obtained evidence is no good--courts CANNOT consider it. It cannot be used against the defendant roommates.
The cops gave the 3 roommates each a [see above: illegal] ticket citing "§ 4.1-317. Maintaining common nuisances; penalties". The kids were doing nothing wrong- just having a party. Yet the cops broke in, busted it up, shut it down and fined the renters. Like a bunch of Nazis - wake up America!
also, this law that the cops abused to [wrongfully] shut down a college kids party is not intended to shut down private beer parties. Its intended to shut down private liquor or beer sales.
Again, it was NOT intended to be used against private beer parties: if that was the case, every house, every boat, every club, frat, or lodge and every college in VA would have to sip smoothies instead of beer: the cops
CANNOT fine you for having a beer party. This law was written to prevent people from selling booze out of their house or barge. Dont let the cops abuse the law like the Richmond cops do at VCU!! Read the law cited on your tickets!!!
§ 4.1-317. Maintaining common nuisances; penalties.
A. All houses, boathouses, buildings, club or fraternity or lodge rooms, boats, cars and places of every description where alcoholic beverages are manufactured, stored, sold, dispensed, given away or used contrary to law, by any scheme or device whatever, shall be deemed common nuisances.
No person shall maintain, aid, abet or knowingly associate with others in maintaining a common nuisance.
Any person convicted of a violation of this subsection shall be guilty of a Class 1 misdemeanor.
B. In addition, after due notice and opportunity to be heard on the part of any owner or lessor not involved in the original offense, by a proceeding analogous to that provided in §§ 4.1-339 through 4.1-348 and upon proof of guilty knowledge, judgment may be given that such house, building, boathouse, car or other place, or any room or part thereof, be closed. The court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be used for unlawful purposes, or in violation of the provisions of this chapter for a period of five years, turn the same over to its owner or lessor; or proceeding may be had in equity as provided in § 4.1-335.
C. In a proceeding under this section, judgment shall not be entered against the owner, lessor, or lienholder of the property unless it is proved he (i) knew of the unlawful use of the property and (ii) had the right, because of such unlawful use, to enter and repossess the property.
Code 1950, p. 877, § 4-81; 1954, c. 484; 1993, c. 866 ."