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Can police enter a home without consent if they believe underage drinking is occuring?
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Can police enter a home without consent if they believe underage drinking is occuring?

I had like 50 people at my house this weekend and the cops showed up at 5am cause the neighbors complained (those *******, thats the 4th time they've called on us, the other 3 for having fires.... and we werent even being that loud either..)

Anyway, if I didnt consent to them coming in, would they have to just leave? I've been reading about the 4th ammendment but havent found anything directly related to this... I want to have parties at my house again but dont want to go to jail cause a few people happen to not be 21.
Additional Details
Im not a minor and I am renting - from my boss :-D


    




Jet
Yes, the police can enter without consent if they believe a crime has been or is being committed. Underage drinking is a crime.


unknown
Rating
i pretty sure they wound need a search warrent to enter into the house but thay can still tell you to quiet down


Lindsey
THEY MOST CERTAINLY CAN COME IN WITHOUT PERMISSION. IF THERE IS A CRIME IN PROGRESS AND SOMEONE REPORTS IT, THEY DO NOT NEED PERMISSION TO STOP IT. IF YOU NEED TO QUESTIONS YOUR "RIGHTS" THEN YOU OBVIOUSLY KNOW WHAT YOUR DOING IS QUESTIONABLE AND SHOULDNT BE DOING IT.


Justine J
Yes. It was did to my aunt. Its called a raid.


la la kim
Rating
No they can't they would have to have a search warrant


tigerfox5
Rating
I saw a news show on ABC that warned people not to allow the cops in as you could get into trouble for anything they find. So its best not to let them in if there could possibly be any underage drinking. See if you can look up the show, it was just last week. I think it was a 20/20 program or just a news special under the name "things you should know" or something close to that.

If there are kids hanging out of the window drinking and causing a fuss, then they would possibly have cause to enter.

Hope this helps!!


mike g
police do not need consent if a crime is being committed. underage drinking is a crime.


Balthor
Rating
i suspect that they were not real police.No trained police officer would do this.


mariesgizmo
Rating
I Believe they are aloud. They don't need a search warrant. If they believe there is something going on then they will enter the home.


Extremely Evil
Rating
By having a party that requires police contact, they have probable to enter the home. If you are having fire in a an area that is not zoned for fires they have the right to enter. If they see alcohol at the party and suspect that there might be minors then they have the right to enter. If someone calls because your party is loud and is spilling over into the next day they have the right to syop the party. We are protected from illegal search and seizure, however if a police officer comes to a party that is disturbing the piece or they suspect there is under aged drinking then they can enter and even arrest those in charge of the party including the parents.

I will tell you this if you were having a party like that next to my house I would ask you politly to please tone it down. If that did work I would call the police and give them what info I had and that I suspected that there was under aged drinking. Since I mentioned underaged drinking that is the probable cause they need.


kimmy_2qt4u
I'm not real sure but I guess it depends on where you live, what state and city and there ordinances, but I believe if they see it they can...Don't quote me or anything but its kind of like hmm how to word this...There is a thing called probable cause and if all your neighbors called in than it gives them the probable cause to go in, but they have to have permission. You can be jailed for serving underage persons at your property also! Don't get caught


thedavecorp
Rating
They need probable cause. If there isn't any, they can still enter, but you have the right to persue them legally - which isn't easy. But here's a thought - don't open the door. And read your state's Penal Code - your library should have a copy - make sure it's current.

You can learn alot from it - like age of consent and who UNDER 18 can sleep with whom etc. - make sure you read the WHOLE section!


zipman10
Contributing to a minor? hmmmmm


roniesulivan
Rating
interesting scenario though difficult to go through.i dont have the answer but would be interesting to reads others views.


grateful6979
well do you own the house or rent? let me know that because that can make a huge difference. if you rent, the landlord is going to get wind of the trouble over there, and probably evict you,. if you own your own house, then no worries.


Anticlea
Yes.
Since your neighbors called, there was a complaint- and they had reason to investigate based on the information they received; believed underage drinking and possibly child endangerment depending on the ages of the kids there. Under 18 still makes them minors and if they're drinking, you'd be in VERY big trouble.
If you don't want to go to jail, have someone be in charge of the beer area so underage kids don't get into it. Either that, or don't invite the younger people, or just skip the beer.


cashmoneycuban
Rating
they can only enter if there is probable cause ..
lock your doors


Ty
Yes, they can.


jgmafb
Actually someone has to give them permission to enter which can be,considered as someone opening the door.But they usually do the open and walk in cause they are the best liar's ever and they will say they were given permission if they were or not.


Vicki D
Rating
Yes, the police can enter your home without a warrant if they have what is called "probable cause" to believe that a crime (i.e., underage drinking) is occurring in the house.

It's the same thing as looking inside your car if they pull you over for suspected drunk driving. They don't have to have a warrant if they have probable cause.


bmxcollections
Yes, if they think a crime is being commited it gives them reasonable cause


?
Please dont allow under 21 at your house.


davidmorse06
Rating
yes by some laws they can but it depends on witch state your in


leeann0506
yes, it is called reasonable cause.


Mr. PhD
Rating
Yes - you are a minor. (this is especially true if there are minor drinking outside of your home)

I had a kid try to block my entrance into his parents house once.(put his hand on my chest and pushed back), It was the last thing he did before being turned around in fast motion and cuffed.


glider
yes


smoleklyn
yes , if they were called by the neihbors.
they are following up on the complaint and the neihbor prob. told them underage drinking party on the phone.
Your mistake was when you started having parties to begin with you have to inform your closest neihbors of this and tell them to please call you first if the party gets to loud or if they have any other complaints. Cars parking in their yards ,people pissing in their yards, ect...
When they see lots of cars and depending on the age of the person they talk to at the door, that gives them "reasonable suspicion" to enter the premises to arrest underage drinkers.


Scott D
Rating
Only if there is reasonable belief a crime is in process or has been perpetrated.


ron
Rating
with "probable cause" they can do what-ever, when-ever to any-one they want.





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