Can the police come into your house for a party if you are 26, and they get a noise compliant?
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Can the police come into your house for a party if you are 26, and they get a noise compliant?
 
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®☺ß☻╪ ≈≈Kε∩≈≈
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No
They would need probable cause or a search warrant. If they force their own entry on the grounds of a noise complaint, they are breaking the law.
However, probable cause is very very vague. If two police officers smell something rotten (that they may consider to be the smell of a corpse), they can legally enter. If they think someone is in danger they can enter. So it's best not to get on their bad side because they will simply assume probable cause.
If it were me, I would fight it. But I'd recommend just being respectful and simply denying them entry next time. |
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lpdhcdh
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Yes.
However, if you come to the door, aren't a clown and agreed to turn the noise down then I wouldn't go in.
If I decided to cite you with a noise violation (ie you did the opposite of the above) I can detain you, and when I detain someone I have the right to perform a protective sweep for officer safety purposes. So when I'm writing you the BS ticket your buds aren't preparing to put a bullet in my head. |
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thomas d
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Cops are always up for a party dude. |
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entler
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You don't have to let them in unless there is a search warrant. |
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Scott S
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Fortunately, we still have the 4th Amendment. The police cannot search without probable cause or a search warrant. Period. Don't be stupid and let them talk you into it. That goes for your car and its contents, as well. You must give them permission. Know the laws in your area (pertaining to noise), comply when the police show up, and they cannot legally enter if you do not give them permission. That being said, there is nothing to stop the police from lying, trumping up probable cause when there is none, and entering illegally. I suggest everyone study your Constitutional rights and carry a video camera everywhere you go. This would seem a bit paranoid, but we all read the police officer's comment above; that, unfortunately, is the typical attitude -- "we can do whatever the hell we want." Just look to those mothers in Texas who had their children taken from them. What does it matter if you have a Constitution if the very people who are sworn to uphold it, hold it in contempt and do everything they can to circumvent it? |
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Missing my Soldier
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Nope not unless they ask and you agree. Its against the law if you say no and they come in. The only way they can is if they suspect something else happening... ie if they smell drugs or think there might be underage people inside. |
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dinger
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In Indiana they cannot come into your residence unles invited, but if they think someone is in danger or evidence of a crime is being destroyed... i.e. flushing dope down a toilet, they can make entry into the residence to secure it, but they then need to get a search warrant for the rest of the house. |
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Jennifer F
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Well did you let them in? the answer is no, not without a search warrant in most cases, but if your on probation or parole yes they have the right even with out a warrant. |
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California Street Cop
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The legal reasons for entry can be many and varied.
My suggestion would be to tell them that you do not consent to their entry, but do not physically try to stop them. They may have legal cause to enter and you would be taken down with force and charged.
If the incident goes on without any arrest, I would ask for a supervisor. If the supervisor does not explain things to you in a way you like or understand, ask for his supervisor. Once you are out of supervisors and are still not satisfied, make a formal complaint at the PD.
If an arrest, or something other than a noise citation, comes of the entry, you're lawyer will handle it from there.
The line that you "Do not consent for their entry" is all that is needed to cover your backside if they are entering illegally. |
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Laura S
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Absolutely NOT! But, apparently the cops have their own "laws" on that stuff...ya know they don't want to get shot by one of your friends, so they use that as an excuse to violate your privacy! |
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bayliner6065
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who let them in?---- |
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Mr. Goodhi
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No,
they have no "right" to enter. |
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JR
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yes, most communities havelaw about noise at nite after a certain time. |
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jennifer s
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Yes they can...all they have to say is suspicion...like if they knock at the door they can claim they smelled weed. They no longer need a warrant... |
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raviet31
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Yes and no.
Police need probable cause to enter a residence. How that probable cause is obtained varies though.
If police knock on your door and you and your friends are sitting reading a book, it would be hard pressed for them to have probable cause to enter. However, if your party was loud enough that it was violating a noise ordinance, then they would have probable cause to enter.
In addition, if you were to open the door, and they see alcohol being served to people that are obviously underage, boom they have probable cause to enter. |
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gwhillikers2000
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Yes. It's called "disturbing the peace." |
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