Can cops legally enter my house for a noise complaint?

my roomate was having a party the other nite and we live on the third floor of the building and the cops came for a noise complaint walked out of my apartment and shut he door behind me and i talked to the cops they questioned me if i knew why they were there and i told them yes because of noise because the same situation has occured before he asked me why we were so loud i told him my roomate was having a party so he told me to go get my roomate and i go get her and she comes out and shuts the door behind her they question her just like they questioned me and then the cop proceeds to walk into my apartment without our permission and my roomate motions for him to stop and has a confused expression on her face as to why he was enetering our apartment. he had no probable cause of any illegal activity to eneter our apartment complex but he did anyway. he looked at everyones i.d and left the apartment even tho people were under 18 were they legally allowed to enter? and can i be evicted?
Additional Details
but there was no drinking or illegal activity to be honest our neihbors just complain alot because their old and whiny we were all sitting down playing mortal kombat and listening to non loud music the cops constantly come to our apartment and never do they give us citations (because its never excessive noise) i didnt get his badge number but the cop did pull me over a couple a weeks ago i wonder if i can get it because he had to have ran my plates or called it in or something like that we havent gotten any written notices or anything i just dont know what to do all our neighbors do is complain and its gotten to the point to where we have to tip toe around our apartment so they dont hear us walking around at nite..

N S

Without a warrent or probable cause he had no right to enter the apartment. I hope you got his name and badge number so you can report him to his sargent.

averagebear

Yes he can. If you live in a third floor apartment, then it's not really "your house" anyway. Even if you have a private entrance, when the cops have a reason (a complaint) to show up on the premises, they can go everywhere. The cop did not go through your drawers, so it was not a search. It was his job to have a quick look to make sure there were no illegal drug use.

fortydayweekend

I wouldn't think they could, unless they have suspicion of illegal activity or a warrant, and there's probably something they have to say if they suspect something. Still, what are you going to do about it?

In terms of being evicted, check your lease agreement or ask whatever kind of Tenancy agency you have there for the rules... usually there's a number of written notices you'll need, plus you'll get a "final warning" notice etc...

Meanwhile, party on! Those noise complaint notices make great spare TP for when you run out.

Black Mike

well technically no, but i mean if he has the slightest suspicious your are doing something illegal then yes...he probebly thought you guys were drinking and doing drugs....typical..... and yes you can be evicted ..... usually if your in trouble with cops "kiss their a$s" and you'll be fine.....

malificent

Police are arseholes and they pretty much make it up as they go along. Their rules are made to be broken.

bisquedog

Cops ARE not allowed in any dwelling without permission with having a warrant they circumvent this by trying to claim they have probable cause to believe that illegal activity was taking place. & the judges tend to side with them on it To me this is pure total b.s. & just another example that more and more our rights are being stripped from us.

Greg

The law states something long the lines of warrant being required unless is is impractical... IE someone speeds away from a traffic ticket cops can search the car for whatever they were hiding.

In your case, yes they can. By the time they would go through that process to get the warrant the party would be over.

TURANDOT

Not without a warrant.

But you could fall for their trick: They very casually ask:"Can we come in?" You say yes, consider the rope tied around your neck. They're free to do an unrestrained visual...

danielseti

I'm not sure any more, not since the patriot act was passed. Now I'm not sure what our rights are anymore.

PÉ™nny Proud

Yes, cops can do whatever they want.

netvalar

No they cannot enter without either permission or a warrent. However if they start to enter and noone tells them verbally to stop then you are giving them consent to enter. At the same time anything they find is not admissable in court if you had to go to court over this. Granted I am sure whoever called them on the noise complaint would be enough for any court activity. Once they checked IDs they could go get a warrent come back and take away everyone under 21 who is drinking along with fine everyone over 21 for contributing to minors.

BOBBI M

You had a complaint filed upon you which gave the officers probable cause to enter your premise. In our town the landlords have given our dept permission to enter any unit where a complaint has been logged. If your landlord choses he can evict you because you caused a peace disturbance in his building.

von_karolinas

They don't need your permission if you are a renter. All they would need is the permission of the landlord/owner/management company to enter any units.

King Of Battle

The fact that both you and your room mate both closed the door behind you when you were talking to the police outside probably made them think that you were trying to hide something

marine_semperfi_jarhead

whenever you have what is considered an open house party there is no warrant needed to enter the premises because if you can not establish that you are a close personal Friend with every one inside the apartment then they can enter especially since there where people under 18 because they have to check on the well fare of the unsupervised minors at a party

John M

Yes, its legal for them to enter your house. WHy are you getting mad at the cops? You where noisy. Why would somebody complain if you wern't noisy?

Its not the cops faullt. It's your fault.

bdubu

The bottom line is that the police are above the laws that we must obey!You can bet that if you or I entered a cops house for any reason he or she would kill you or me DEAD and lie their arses off and get away with it.Mostly because you are beneath the cops they think they sht dont stink,so if you have any thoughts of being scared,angry or agitated just keep your mouths shut and pray you dont get set up or beat up

QUARTER KEY

A COP JUST CAME TO MY APT. AND I YELLED TO SEE WHO IT WAS, ONCE I LOOKED OUT THE PEEK HOLE I NOTICED IT WAS A COP. HE KNOWS IM HOME CAUSE ALL MY LIGHTS ARE ON AND CAUSE I YELLED TO SEE WHO IT WAS, IM PRETTY SURE MY LAND LORD COULD LET HIM IN. BUT DOES HE HAVE THE RIGHT TO SEARCH MY HOUSE, WITHOUT SEEING ANYTHING TO MAKE HIM SUSPECT OF ILLEGAL ACTIVITY GOING ON? AND DOES HE NOW HAVE PROBABLE CAUSE TO ENTER SINCE I DID NOT ANSWER THE DOOR TO HIM?

Enter Your Message or Comment

User Name:
User Email:
Post a comment: