...and they go the party to check it out, are they legally allowed entrance to said (drinking) party? Or can the (underage) people just sit there quietly and not get arrested, etc.?
2007-01-30 14:38:54 · 17 answers · asked by JessC 2 in Politics & Government ➔ Law Enforcement & Police
Interesting collection of answers.
Police may enter a home with or without a warrant, depending on the circumstances. For instance, when you answer the door the officer sees people he believes to be under the influence or drinking. That's the "probable cause" excuse he needs to enter. The officer does not need a warrant because by the time he did get such a warrant, the evidence would be destroyed. This is known as exigent circumstances. Change the scenario to the officer seeing a large stack of TV crates in your front room. He knows that a TV warehouse was burglarized last night. He has probable cause to believe the stolen TVs are in your front room. He now has to get a warrant because, you are not going to be able to get the evidence out of the house with him and the other officer guarding the doors. No exigent circumstances.
One person answered that you are not required to answer your door. That's true, but now you set up a situation where the officer has to decide if anyone is in danger in the home. Underage drinkers are a danger to themselves and others. So the officer may enter, by force if necessary.
2007-01-30 16:35:21 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Old Fuzz I agree. It would seem most of the citizens who post answers could use some education as far as the constitution goes. In WA, I cannot enter a residence on probable cause alone. If I cannot articulate an exigent circumstance, I must get the homeowners consent or a warrant. In a circumstance where there is underage drinking, the lights usually go out and everyone pretends to be gone. However, the judges I deal with are very liberal with telephonic warrants. I call the judge at home and usually get consent to enter. It is a great tool for MIP/MIC parties.
NOTE TO ALL: Know your rights!! Do not believe your drunk and/or stoned friends when it comes to your rights. Educate yourself on your local ordinances and rights and be smart with your decisions.
2007-01-30 18:49:43 · answer #2 · answered by Combatcop 5 · 0⤊ 0⤋
Where I live if the police are called to a home for any reason, loud noise, a fight, unusual activity going on..the police do go in, either invited or forcibly. If there is a party and alcohol is involved the police will and can arrest all underage drinkers and any adult 21+ for contributing to the minors. Because we live in a small town generally the parents are called and they come and get their child, no jail time for the juveniles unless they are repeat offenders
2007-01-30 14:56:35 · answer #3 · answered by sassywv 4 · 0⤊ 0⤋
Drunk minors = exigent circumstances. Exigent circumstances means the police can enter without a warrant. You can expect that all of the intoxicated minors will be arrested and ther person "hosting" the party will likely go to jail for contributing to the delinquency of minors.
I agree with an earlier answer that this is a gray area, but in my 11 years of law enforcement I have broken up many parties and gone uninvited into many houses full of drunk minors. None of these have bit me in the backside, so I suppose experience dictates that this is OK to do.
2007-01-30 16:48:30 · answer #4 · answered by James P 4 · 0⤊ 0⤋
They most certainly do have the right to enter "said" party. If there's underage drinking going on someones getting arrested.
2007-01-30 15:10:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The officers can enter on the logic of "welfare check" of any minors seen on the premises. Any other violations they may observe are open to investigation and/or arrest. In many states there are two ways to get in trouble with alcohol. 1. Minor in possession (physically in possession of alcohol), and Minor in possession by consumption, (having some on your breath.) It's this last one that most people don't know about or forget. It could be hours later but you still have evidence of consumption.
2007-01-30 15:20:40 · answer #6 · answered by Yankees Fan 5 · 0⤊ 0⤋
Yes, they are allowed to enter. And yes people will probably get arrested
2007-01-30 15:21:20 · answer #7 · answered by zebj25 6 · 0⤊ 0⤋
i think underaged get charged, either way i wouldn't want to be @ any of those parties, i know someone that got raped because she went to those type of parties
2007-01-30 14:49:47 · answer #8 · answered by seasons.change.but.people.dont 2 · 0⤊ 0⤋
Best thing for these underage drinkers to is, run away. If they don't caught, they're home free.
2007-01-30 16:36:57 · answer #9 · answered by Sgt 524 5 · 0⤊ 0⤋
Yes, it is in illegal act and the police have the right to entire under probable cause
2007-01-30 14:46:40 · answer #10 · answered by Gary S 5 · 1⤊ 0⤋