If a cop comes to your door and you are having a party do you have to let him in?
Find answers to your legal question.
If a cop comes to your door and you are having a party do you have to let him in?
|
is there some right against that? I was told that you didnt, and I have had the mindset where you listen to what the officer says...or bad tings happen..any clues?
|
|

Citicop
 |
Here's a clue. If the officer has probable cause to believe that there is a crime (like underage drinking) occurring in the house, they can come in to investigate that. Bad things will happen if you interfere with that. |
|

Core
 |
You don't *have* to open the door to an officer without a warrant, but it'll get nasty if you don't.
9 times out of 10 it's best to comply and get them out of your hair. |
|

Lily
 |
Well if a cop comes to your door while you're having a party it is obvious that either somebody has called him to make you and your friends quiet down, or that he is there to investigate something else that may be happening, so yes, you should let him. |
|

hangfire
|
They can't come in without a warrant (or if they have probable cause to believe a crime is being committed) unless you invite them.
But it's usually better to be nice to them. You don't want to annoy a cop. They have guns and batons and tasers and don't mind too much who they use them on. |
|

asdd a
 |
ummm i think you don't have to cause the 4th amendment
Amendment 4 - Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized |
|

Lucky
|
you dont have to, but they will get a search warrant and come in |
|

DSS LEO
|
Yes, and no. You don't have to let them in. However, if they develop probable cause (many, many ways to achieve this), they may come in anyway. There are legal terms, tactics and precedents all used used to go from reasonable suspicion to probable cause. They include but are not limited to the " In plain view doctrine." and "destruction of evidence." They can enter, on the spot if there is enough evidence facing them. Many jusrisditions have a 24 Magistrate on duty to get "Telephonic Warrants".
If you aren't doing anything wrong, why would you not let the officer in. If you are, the best thing to do is to cooperate. No matter what happens, the fine, sentance or punishment is always much much less than if you are uncooperative. The simple rule is, if you make the cops work harder, they will make it worth their time in their reaction. In other words, if I had to go through all trouble of getting a warrant, etc; Somebody's going to jail. |
|

smokey115
|
well i think they cant come in unless they smell drugs and ask him what is the problem and if he says something about noise disturbance just tell him ull keep it down and dats about it |
|

Mori K
|
Barry Cooper, ex-Texas DEA officer turned citizen advisor says to tell them that you do not want them entering your house without a warrant and that you will step aside if they need to knock down the door. His logic is that knocking down a citizen's door ups the accountability level way over what your average patrolman has. Also, simply opening the door can allow the cop to say s/he smelled marijuana, therefore giving probable cause to come in without your permission. I would try to talk to them through the door and agree to turn down music or whatever. I would also require anyone underage who has been drinking to sober up, or sleep over before they go home with a sober driver because they may be watching the house, have taken note of cars and just waiting to pull people over when they leave.
Flexyourrights , another citizen rights group, says you should hide any contraband you may have in plain view (would give probable cause for a search), then go outside while shutting the door behind you. Do not allow any officer inside based on their claim of "routine inspections". Ask for a warrant. But, like Cooper points out, simply opening the door could give them probable cause to search if they claim, truthfully or not, to smell marijuana. |
|

locke
 |
they need a warrant or probable cause. I guess they could some how twist minors drinking into probable cause, but it does seem unconstitutional |
|

snethentown
|
If the police officer has suspicions of illegal activity (under-aged drinking, drug use, etc.) he can come in. If it is a noise complaint then simply stand at the door and answer his questions. He can give you a ticket but he most likely won't attempt to come in. Usually a cop will ask "can I come in?" If you say no he will grill you on why and probably give you a ticket. |
|

elmina
 |
It depends on the laws that are in force where you live.
Policemen rarely have to enter the house - they usually have a word with your on your doorstep if there is a disturbance going on that has been reported to them. They will ask you to turn the music down, or get cars off other people's lawns, or something else of that nature.
If you agree to what they ask, they will go away happy and you will still be on your neighbours' good side.
Have fun. |
|

dreamweaver
|
yes let them in or you will have more trouble and yes bad things will happen to you |
|

R K
 |
Due to the communication deficit, many cases are wrongly interpreted? similarly as per law if he or she Police have the warrant signed from the Judge you are to conceed and permit them? some time the Police ignore these fundamental rights, and use their muscle power, than the communication could resolve the problems, insted of confrontations? |
|

Michael B
 |
He or she are not allowed through the doorway unless you Allow them. One thing to remember do NOT go outside to speak with them always stand in the doorway because then they can cause trouble for you. |
|

catfan
 |
yes totally let him in otherwise they mite think ur hiding somthing when your not!
totally do! |
|

harrison j
 |
yea u dont hav to unless he has a warrant
dont open the door
they will leave after some time |
|

|
|
|
|
I smell bacon. Do you smell bacon? |
Additional Details Please don't say "I don't mean to do this" or "I don't mean to do that".
If you actually don't mean to then DON... |
|
Police officers: I want to show my appreciation to a cop that helped me after an accident, what do you suggest |
| I was a victim of a hit and run today in Denver, CO and the police officer that came to help me was so kind to me! Do you know what would be the best way to share my appreciation for his kindness? S... |
|
Has a cop ever been this nice? |
| Last night I was clocked 58 in a 40. When the officer told me this I didn't disagree but i didn't think i was over 18 mph. He started talking to me and then told me if I took a field of ... |
|
Should I get a firearm? |
Accord to this incident: http://answers.yahoo.com
It has really make me seriously consider my safety. I've ... |
|
Do you wish you were a cop so you could ruin people's day? |
Many policemen give tickets like pancakes. How do they sleep at night?
No snide remarks, please...I really want to know.
.... |
|
My friend sometimes calls 911 for no reason, and he said that he cant help it..? |
he said that his mind keeps on telling him to call call and call. any advice? Additional Details he didnt call alot he only call ed 2 times...... |
|
My complaint about the police has been ignored - what can I do now? |
I had a complaint against the police last year (they kicked my door down at 3am - they'd gone to the wrong street).
My MP wrote several times to the police on my behalf but all he ... |
|
Is it possible for this case to be DISMISSED? |
| I have a friend who committed identity theft with this girl in her class (she is in college)..she got arrested for buying books for 405 dollars. She hired a lawyer, and he said he could probably get ... |
|
Is it better to take a Breathalyzer test or not? |
If you're actually drunk then I guess it's better to...
...but what if you've had alcohol and you're underage but you're not yet drunk...just had enough for it to show ... |
|
I received a speeding ticket in Iowa, but I don't want to pay it.? |
| I'm from Minnesota, will the state know about it? I realize that I would be in trouble if I went back to Iowa and got pulled over, but I don't plan on that. If all they did was essentially ... |
|
For law enforcement or attorneys - is this vehicle theft? |
| A "friend" of mine asked to borrow my car for a specific amount of time and purpose. His intension, however, was to take my car and not give it back. I didn't know when I lent him ... |
|
Fake name on a ticket for drinking. |
| So I went to a party and was on my way home when a cop stopped us. I'm only 16 years old and was with my boyfriend and two friends. They got me for underage drinking and I was an idiot and gave ... |
|
About 8 weeks ago my neighbour was brought home by plain clothed police and removed things from his? |
| home ,then the police took his keys and gave them to a neighbour. He then drove away.He is now back (6 wks on) but parks his car out of sight.Can anyone tell me why this could be,he has a history of ... |
|
Can you be a police officer if you have been diagnosed with Bipolar disorder? |
| Supposing, that is, that the bipolar individual is properly stabalized on medications and regularly evaluated by a psychiatrist.... |
|
|