Legal Issue. Underage Drinking in a college town. Can cops just walk in to your house?

Question

Here are the details. I am over 21. If I throw a college party at my house, can cops enter my house without my permission and bust people (under-agers)? Can they do so on a noise compliant? What if the complaint was anoymous? This is for the State of Ohio.

Thanks for your responses.

Cheers.

What is the door was open? Like what if people are coming in and out of the door? How do cops "know" you are underage?

Answer 1

Keep in mind that nearly everything is officer discretion. However, they can not legally enter the premises of your home without your permission or a search warrant. The exception: if they can see an illegal crime being comitted, I believe there is probable cause. If I was the officer on the scene, I would tred litely on this issue, as home invasion and illegal search and seizure and finally illegal arrest could occur. An example would be someone calls the cops, they issue you a noise complaint (which is not suffcient cause to enter) and they see someone smoking crack or something. Probable cause is present to enter. If they see someone they believe to be underage, they can ask for id. In fact, there is no real statue as to limitations on asking for id. In other words, they can ask you for id for anything, if nothing else "there own protection".

My advice would be to ensure there are no minors, as I believe the State of Ohio recently increased the penalty for serving minors to a Class A misdemeanor, assuming there are no other convictions on your record. Just my advice, take it as you will.

Answer 2

If the cops have probable cause, they can enter a private residence and search without a warrant. So if someone tipped them off that you were throwing a party and there were people there underage, and there was alcohol at the party, they will come knocking. And in a college town, they will definitely come knocking.

If someone called about noise, they will just ask you to turn the noise down (usually). If they have a bug up their a**, they will check id's for drinking.

Answer 3

first, if there is a complaint even if anonymous they can come to the front door to investigate the complaint, while at the front door if the can see plain view that probably a crime is being committed ie the under age drinking they can investigate, relay young looking people appearing to be intoxicated, or if they view a young person leaving the house who appears to be intoxicated they can stop that person check for id and if under age they have probable cause to enter the house and arrest, also even if the person is 21 or above if they are intoxicated that is also a crime on public property IE sidewalk or street

comes down to this unless you rent a house out in the middle no where, and you have a party, cops are going to know its a college town, they can also bet that since the majority of students in college are under age that some of the people at party are under age they are going to put the heat on you

Answer 4

i'm not from the USA, but I know that here in Canada, if there's been a complaint from neighbours about noise, the police can walk in and bust people..

it also doesn't matter if the complaint was anonymous.. there was still a complaint, so the police still have the right to walk in and bust the under-agers.. you'd be safer having it for people who are of age...

or just come to canada and have a party.. legal drinking age here is 19

Answer 5

Funny, I just dealt with this situation last shift. Responded on a noise complaint and a complaint of beer cans being thrown over a fence into a neighbors pool. Arrived on scene and there was a noisy party in progress. Knocked on the front door, they opened up and I saw past them into the residence what appeared to be an underage female (she turned out to be 16) holding a beer. At that point I had probable cause that an offense was being commited. My partner and I entered the residence, gathered up ID's, wrote a BUNCH of tickets, arrested 2 mouthy youngsters for MIP (minor in possession), then arrested a mouthy parent for contributing to the delinquency of a minor by supplying alchohol. I then woke up a lot of parents and had them come get their drunk minor children. It was ALL legal.

Answer 6

there was a call of noise complaint . yes they can knock on your door when you open they can look over your shoulder." hum , what do we hear. " it is an offense in there presence. there is probable cause enough. no they do not have to have a warrant. they can ticket the minors, they can ticket the party throwers for providing alcohol. and if you step out side your door you can go to jail for public intoxication if you run your mouth. get the picture
bottom line no minors at parties. if they get busted stay out of it don't play mr attorney with them.

Answer 7

I think once you let them in, they can bust people. I was at a party where the cops came on a noise complaint & once in they collected the IDs from everyone at the party to check them.

Answer 8

I don't know what is right or wrong with what the cops can do but you allowing underagers to drink is so illegal and stupid that you should just be glad if the cops come in and stop it before one of them dies and then how ya gonna feel and whether or not cops can come in is gonna be the least of your worries. STOP IT.

Answer 9

Not with out a search warrant, they can't and don't open the screen door they consider that an invitation. Talk through the door to them and don't let them in with out one. Call your lawyer.

Answer 10

If they or not is not the question. The question is this.

How much money is it going to cost YOU to get this beat in court?

My friend, you loose. I'll give you 10 to 1 odds now.

Someday, you may learn, you may not.