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

Question

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.

Im not a minor and I am renting - from my boss :-D

Answer 1

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

Answer 2

Police can enter a home without the consent of the owner if they have probable cause that a crime is being committed, and underage drinking is definitely a crime. However, in this instance, they don't know ahead of time who is attending your party, so they do not actually have knowledge that underage drinking is going on; probably cause is not established here. If they enter your home without your permission in this instance, there is legal recourse for you to later say you were arrested without probable cause, which may lead to a mistrial and you would be released (but you'd still get arrested if they discovered underage drinking was going on)

However, the police were called out to investigate a disturbance of the peace, with a SUSPICION of underage drinking, two completely separate offenses. If this is the first time they had been called to your residence for having a loud party, they would most likely just tell you to keep the noise down, and preferrably send everybody home. If you didn't show up at the door with a drunken twelve-year-old in tow and a joint hanging off your lip, they wouldn't have any cause to suspect underage drinking and therefore no reason to come inside.

Of course, your safest bet is to not have minors around when you're drinking and to keep the music down so it can't be heard outside your property, and preferrably keep the guest list down to less than thirty people so the noise can't get too loud. Your neighbors can still complain, I suppose, but if you don't give them a reason to, the cops will never show up.

Answer 3

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.

Answer 4

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!!

Answer 5

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.

Answer 6

No they didnt have a right to come into your house without a search warrant. Unless they saw something illegal when they were driving buy or someone tipped them off that there was a party going on in your house then no legally they need a search warrant. As for the alchol it was found after a charter violation was made, so generally no it's not admissable in court unless the crown can prove that there was a good chance that the police would have obtained that evidence with a warrant.

Answer 7

If you live within the city limits, I believe the law depends on the noise ordinances that have been passed. I think it takes 2 or 3 complaints of neighbors that live around your place to make police think the complaint is "bad" enough to investigate. If anyone is under age, they can be arrested. But if you live in a rural area, I don't believe these rules are the same. It's my understanding that people in a rural area have more constitutional rights unless they've been under investigation for drug violations. All the cops need is a warrant.

Answer 8

Yes they can.
You should think about being more considerate to your neighbors so they won't call the police. Did you even bother to invite them to the party?
Be careful with the underage drinking thing. In my state that is called Unlawful Transaction with a Minor and can keep you from getting certain jobs.
Just don't let underage come to your party. I heard of a party last weekend that they were carding the underage and putting Xs on their hands to make sure they didn't drink. They were trying to be responsible citizens and make sure kids don't get alcohol.

Answer 9

First of all, I'm glad I called them because I was very hurt that you didn't invite me to the party. That will teach you!

I think this may vary from state to state, but I don't think they have a right to come in if you refuse them entry unless they believe there is something called "exigent circumstances," where for example, somebody may be in danger. Depending on the nature of your parties, this might not be hard to prove.

Seriously, man, you are probably louder than you think you are and at 5 a.m., you have an obligation to be quiet enough to allow your neighbors to sleep. If you want to be combative or argumentative with your neighbors about this, well, don't complain about the police being regulars at your parties.

Answer 10

Yes, If they believe underage drinking is occurring within a home. Because they have probable cause to enter the home without a search warrant.

Answer 11

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