Did they have the right to come into my house? I OWN it, I do not rent it...?

Question

I was ticketed with a minor consumption over 2 years ago. I had originally had the case dropped because the cop didn't show up for court, but now they re-filed the case!! So I go back to court in a few weeks. The story goes, I had about 8 people in my house drinking (some underage, some of legal drinking age) and the neighbors called the cops saying we were "too loud" in the house... So a couple cops stayed by the door of my home and one came thru my backyard and onto my deck with a sliding glass door. I was in the porch which is not visible from that door but there were two girls and 1 guy in my kitchen which the cop could see. He said as soon as they saw him, they tried to move to another room to "hide" but they were entering the porch I was in, which is the exit to the house (by the way, there WAS a cop outside that door as well) So the cop came into my house and gave breathalizers, and well now here we are. I just want to know if he had legal right to enter my home or not

Answer 1

If something illegal is within "plain view", the police officer is standing on good ground. Have you ever heard of the "plain view doctrine"? Basically it: allows an officer to seize without a warrant, evidence and contraband found in plain view during a lawful observation. In order for the officer to seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband.

I assume the sliding glass doors are clear glass?

Please see the weblink for additional information.

Answer 2

Nope. I remember there was a cop who knocked on the door of a house I was hanging in. The owner asked "Who is it?" And the cops said 'Chris". Well, we all knew a Chris who was a very good friend of the family so the owner told him to come. And in comes a cop in uniform. All because someone said that someone parked in front of their house, on the street, and the person was at this house.

Well, there wasn't much that could be done because the cop didn't properly identify himself before entering, and didn't have a warrant.

But you have the problem of proving that the cop actually was roaming around your house. Though the fact that the case was already dropped is very good in your favor.

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Unless the underage drinkers blatently looked underage, there is no probable cause. They could knock on the door and request entry, which you have the right to deny. They can then get a warrant if they wanted and choose to then ID each drinker there. But otherwise, probable cause is not even an issue.

Answer 3

Probable Cause! They were there investigating a complaint, which they not only have a right but a duty to do. They had probable cause to believe that minors ( legally children) were present and possibly consuming alcohol, which puts those "children" in danger. They have every right to enter without a warrant due to the exigent circumstances presented. Whether you rent or own is irrelevant, you have the same protection under the 4th Amendment. But in this case there is an exception to the 4th Amendment.

Answer 4

First of all, regardless if you own or rent if your paid up its your domain.

Second, if you consent to a search of your house the police have a right to come in, however, even if you dont, they still have a right to enter the home if a child (minor) is involved.

Third, check the statue of limitations. If they dont get you into court by a certain timeline they cant touch you.

**Dont serve minors alchool anymore. Hope you learn from this. Good luck!

Answer 5

If the cops believed that those who were trying to move to another room were doing so to avoid to cop from seeing an illegal activity then they would have the authority to come into the house.

Answer 6

I am not a lawyer but I think from Watching Law and Order if a crime is in progress and which they can view with their own eyes or they need a warrant.

Answer 7

Probable cause, yes they did there was the possibility a crime was taking place (obviously there was) so they have the right to enter

Answer 8

unfortunately for you, all they need is "probable cause". if what was going on was in "plain view" even though it's technically inside your house, they can wait outside until they see "probable cause" to enter. good luck.

Answer 9

Yes they did have the legal right to enter your home.

Answer 10

unless any of your guests left your property at anytime it seams to me the police would need a warrant and would have to show it to you before entering your property.