Loud sex enough for cops to search your home, court rules

[romantico]

Posted: 3/17/10 at 9:48pm

For Brian McGacken of Farmingdale, New Jersey, an evening of loud sex resulted in a 10-year prison sentence for growing marijuana.

On Feb. 17, 2007, New Jersey state troopers arrived at McGacken's home, responding to an anonymous 911 call complaining of screams coming from McGacken's home. McGacken explained the noise was a bout of loud sex; his girlfriend appeared at the front door and corroborated his claim.

But officers searched his home anyway, and found enough marijuana -- including potted plants -- to put him away for 10 years on charges of producing a controlled substance.

Appealing the conviction, McGacken argued that, once police knew the noise was consensual sex, they no longer had reason to search his home.

But the appellate panel at the Superior Court of New Jersey disagreed. On Monday, they dismissed McGacken's appeal, stating that "the potential for harm was too severe for the police to accept an explanation for loud screaming that could have been a cover-up of its true source."

http://rawstory.com/2010/03/loud-sex-cops-search-home/

[Q]

Posted: 3/17/10 at 9:51pm

So much for "You Can Be as Loud as the Hell You Want (When You're Makin' Love)"

[CATSNYrevival]

Posted: 3/17/10 at 9:57pm

Isn't it interesting how difficult it is to differentiate between abuse and raunchy sex?

[morosco]

Posted: 3/17/10 at 9:58pm

I hope my insatiable neighbors are reading this. Well...probably not.

[Q]

Posted: 3/17/10 at 10:01pm

Doesn't anyone think ahead?

Ball gags were invented for a reason.

[TheatreFan4]

Posted: 3/17/10 at 10:19pm

Note to self:

When I buy a house, soundproof the walls.

[CATSNYrevival]

Posted: 3/17/10 at 10:25pm

Or just don't deal drugs. What's the point of having loud sex if no one can hear you?

[Phyllis Rogers Stone]

Posted: 3/17/10 at 10:29pm

McGacken is serving a 10-year sentence with no possibility of parole for 39 months.

To me, that's the scariest part. This nation's drug laws are so draconian that it's actually a little nauseating.

[spiderdj82]

Posted: 3/17/10 at 10:35pm

You get more for that than rape and sometimes murder