Police: Officers acted within legal guidelines Director says cops acted to ensure safety of juveniles at house BY VINCENT TODARO Staff Writer EAST BRUNSWICK - The police department says an officer knocked and rang the doorbell before entering a township residence to investigate an anonymous complaint that underage drinking was taking place there. The officer could see juveniles inside the home, but did not see an adult, and when no one answered, he opened the unlocked door and announced himself, according to a report issued by the department last week in response to the claims of resident TimothyAyers. The resident has publicly complained that police wrongly intruded on his home and put his children and their friends through a series of unnecessary evaluations. Police responding to the Kerschner Lane home on the night of Jan. 20 were aware of an incident that occurred there in December, when police charged four juveniles, including Ayers' daughter, with underage drinking. In that incident, police said, a 15-year-old girl was "unconscious, having urinated and vomited on herself," and was then hospitalized, according to the report, issued by Director of Public Safety Barry Roberson on Feb. 7. The report says police had the legal authority to enter the home without a warrant because the purpose was to ensure the safety of the juveniles. Ayers has complained that an officer suddenly appeared in his living room while he was watching television, and that after he escorted the officer outside, he found more patrolmen on his front porch. Then, he said, police had his children and their friends come outside to be questioned and undergo coordination tests. None were found to be under the influence and no charges were filed. Ayers said the children were "traumatized" by the incident. But police describe a different scene, saying that Timothy Ayers appeared to be intoxicated and was argumentative with the officers. They saidAyers also could not tell the police how many juveniles were in the residence or what they were doing at the time. "Mr. Ayers finally agreed to bring the juveniles up from the basement so that the officers could check their condition. Based on the previous incident, there was a duty to ensure that no one was in medical distress. It should be noted that the previous incident was only one month old," according to the report. "A small number of individuals were brought to the officers and determined to be in good condition. In particular, tests were conducted to ensure that none of the individuals exhibited signs of intoxication, specifically ensuring the safety of those that might be driving. Upon determining that the juveniles present were not at risk, the officers concluded their investigation and cleared the scene," the report says. Ayers said outside Monday night's Township Council meeting that the police statement, which Roberson read aloud during the meeting, amounted to a character assassination, and he still believes police handled the situation poorly. He maintains that police did not knock or ring the doorbell, nor did they call the residence before going there. He added that he has two small dogs that routinely bark at any noise at the front door, but they did not on this occasion. Ayers said the children and their friends could verify that police entered the home without knocking or ringing. Ayers, in a statement that he read aloud at a Jan. 28 council meeting, also took issue with the underage drinking ordinance and the flexibility it allows the police and the court. He noted that minors do not have to test positive for alcohol, but need only to be in the vicinity of alcohol in order for law enforcement to determine "reasonable construction to possess alcohol." "This is simply too broad and all-encompassing," he said of the ordinance. He also said that while he would support a fair law against underage drinking, he feels that the fine and six-month suspension of eventual driving privileges for his daughter and her friends was overly harsh. Councilman David Stahl, who pressed for the underage drinking ordinance that the council adopted last year, defended the law and said constructive possession requires more than a person simply being able to possess alcohol. The ordinance also makes exceptions for minors who consume alcohol with a parent or guardian or as part of a religious observance. Police said in the report that their investigation into the incident is ongoing. The report also said that three patrolmen and a supervisor responded to Ayers' home, instead of the four patrolmen and a supervisor that he had reported. They also said police were at the house for 32 minutes, and that the officers allowed Ayers to re-enter his house to retrieve shoes and a jacket due to the cold weather.