Police House Searches w/out warrent?

Question

A few friends of mine have been having an ongoing argument about police searches.

---hypothetical situation---
So there is a party. There is underage drinking (I'm 24, this question is for trivial knowledge and the right to say "i told you so") If the police know there is a party, but havent received any noise complaints and have no REAL proof that there is underage drinking. Do they have any right to enter the house without consent or a warrant?

Additionally, in an attempt to find a loophole, can they claim that they smelled marijuana (even if they honestly did not) and then use that as an excuse for an unwarranted search?

On the topic of loopholes, what are the limitations on the police's rights to look through windows? Can they look through bathroom windows? If they can look through bathroom windows, couldn't that be considered sexual harassment?

Answer 1

Well police have no authority to go into the house wether or not they smell alcohol or marijuana. They would have to see it in order to go inside without permission. If they had prbable cause they could only confront you but still can't go inside. Yes they can look through windows as long as they are located in the FRONT YARD, if there is a gate or some sort of object seperating front and back then they may not enter the backyard as this is an unwarranted search and you can contact their ranking officers as well as the internal affairs if one exist. If they can see through bathroom windows that is your own fault as if you want privacy, cover them. Although if they drive by and hear your music, they can demand that the music be lowered, if you refuse then they can cite you and get a warrant to go inside and physically remove the musical device. They can also confiscate that. The only reason for this is the decibal limit for noise, same with cars. If you refuse to turn your music down, even without a warrant, they can take a crowbar and remove your car stereo, even if it ruins the vehicle. Again even if there is nothing going on and they ask to come in, always exercise your rights and say no, because without hard proof, they wont want to waste their time. Even if they try and play games saying "If you dont have anything to hide, let us in"..just say no. I am an explorer and when I do become a peace officer I would like to see someone exercise their rights for once!

P.S. Hope this helps your aggressive negotiations with your friends!

Answer 2

If they can see a party going on and see minors drinking from their patrol car on the street, that gives them probable cause to enter the home. If they actually do smell marijuanna they can search the immediate area but not the whole house. If they lie about smelling marijuanna and search the house, they are violating the law and the home owner's rights.

As far as looking through windows, they do not know what room the window leads to until they look so I don't believe looking through a bathroom window would be sexual harassment unless they do it repeatedly. Also, I believe they can only look from the street unless they see a law being broken.

No they cannot come into the home just be cause there are minors at the party. They need to have some reason to believe that the minors are actually drinking. That reason could be that a neighbor said there was underage drinking.

Answer 3

They should have no reason to show up if there is no complaint. If they do come to the door you better have someone answer that is of age with ID. If they don't believe you the can have an officer wait at the house(front&back doors)and go and get a warrant to enter. As far as looking in a bathroom window they do have more sense than that. They may try looing in other windows to get probable cause. Either way why be dumb and do something you may get caught at with noway to get out of?????

Answer 4

If there is a noise ordinance in the city/town and you are violating it. They can HEAR the violation themselves. As another answer said, if the see an unusual number of cars, they may stop by to see what is going on. Anything visible though a window, or the door if you answer when they knock, could be probable cause if it looks like evidence of a crime. As for bathroom windows, how do they know it is a bathroom until they look though the window? I have never seen the windows labeled on the outside.

Answer 5

In any emergency situation, police are allowed to enter and search a property without a warrant. If they suspect that someone might be in danger (underage drinking can lead to dangerous situations, so that's not really a stretch) they can come in, search, and if necessary arrest someone without a warrant.

Same thing with the windows. If they feel like there's an emergency situation developing, they can do whatever they have to do. They do not have free liscence to peep, but if it is part of an investigation, they have a lot of leeway.

Answer 6

If the police "know" of the party then someone has told them, of the party, so that means that a confidential informant told them about it.

Of lets say by driving by they see an unusually amount of cars at a house, So for the safety and concern for the residents of the home, they look in the windows to see if everything is ok. Or they merely knock on the door, and look in when they open the door. Once they know there is a crime in process, they are free to come in and arrest those and look for anything that has to do with that crime in process..

And of course, I heard the noice or I smelled the pot, works also.

Answer 7

HA! Now that's funny.

Yes, they can enter a party when they have reason to believe that underage drinking is going on.

Yes, they can enter a house if they smell weed.

Yes, they can look in windows if they think they need to see what is going on.

Yes, even the bathroom.

No, it's not sexual harassment.

Really now, why did you ask such a dumb (but funny) question - you are old enough to know the answer to all of your "hypotheticals".....If you don't, you are hanging out with the wrong crowd. Go to college or something.

Answer 8

All they need is probable cause to search if they have reason to believe that there is a criminal act being committed. they do not need a warrant. And no it's not sexual harassment unless you can prove they are being pervs. which would probably be the hardest thing to do. let's say hypothetically speaking "joe doe" was mad because he wasn't invited to your party, he sees a cruiser in the neighborhood and tells them he knows for a fact that there is a party at 123 elm street and there are underage kids drinking and doing drugs there. The cops have probable cause to believe this person and go check it out. they do not need a warrant and you don't
know someone tipped them off.

Answer 9

They must have a warrant to search the house legally. If they were chasing the runaway at the time they wouldn't, but since they aren't, it's warrant or nothing. You should be safe, and if the world ends tomorrow, live like there's no tomorrow, there probably will be, but it gives you a reason to have fun.

Answer 10

I see we have some cops responding huh BarB! Where in your law book does it say that PEEPING TOM with a badge is OK? I've personally experianced ARMED ROBBERY w/badge. NO WARRANT! Cops will make excuses for being there (LIE OUT THEIR A@SES)!!! They perpetrate a crime to feed the hunger of the funding and budget cuts!!! If crime is at an all-time high don't you know John Q. Public will take a prybar to his wallet to let that moth breathe? Lock up ALMOST everyone with a badge and I promise you the crime rate will fall as quick as it rose!!!!!!!