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well i have 2 questions, the first one is if im having a small party at my apartment(i am 18 by the way) and i have friends come over say the youngest to come is maybe 16 but no younger than that and we are drinking and cops show up due to a noise complaint if me the resident steps out and i close the door behind me to talk to the cops, can i refuse for them to come in if they ask? do i even have to answer the door? As for my second question one morning before school i left my car at a friends house and i got a ride to school from him and on the way there we smoked some weed, and when we got to school our teacher noticed and we were sent to the office. the principle said they were going to search my friends car and that they were going to send a dog to my friends house to search my car to see if i had more weed in the car (which there was)he told me if i kept saying that we didnt smoke that they were gonna search it but if i told the truth that they wouldn't. was that just to scare me?

2007-12-08 18:02:55 · 13 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

13 answers

If i have enough probable cause that a there is underage drinking going on in the house, then i don't need your permission to enter. To get that, all i need to do is wait for someone under 21 to come out of the house drunk.

Public Schools .--In New Jersey v. T.L.O., 108 the Court set forth the principles governing searches by public school authorities. The Fourth Amendment applies to searches conducted by public school officials because ''school officials act as representatives of the State, not merely as surrogates for the parents.'' 109 However, ''the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject.'' 110 Neither the warrant requirement nor the probable cause standard is appropriate, the Court ruled. Instead, a simple reasonableness standard governs all searches of students' persons and effects by school authorities. 111 A search must be reasonable at its inception, i.e., there must be ''reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.'' 112 School searches must also be reasonably related in scope to the circumstances justifying the interference, and ''not excessively intrusive in light of the age and sex of the student and the nature of the infraction.'' 113 In applying these rules, the Court upheld as reasonable the search of a student's purse to determine whether the student, accused of violating a school rule by smoking in the lavatory, possessed cigarettes. The search for cigarettes uncovered evidence of drug activity held admissible in a prosecution under the juvenile laws. (Copied from http://caselaw.lp.findlaw.com/data/constitution/amendment04/04.html#4)

2007-12-08 19:24:36 · answer #1 · answered by spartan 2 · 1 2

Okay, good luck with stepping out and not allowing the police in. It is a common tactic to to step into the doorway so that you cant shut the door. Also, they will ask you if underage people are drinking (epically when the smell it on you). It isn't a good idea to lie to them. You second question is kind of tricky. The school has the right to search your vehicle if it is parked on school property, this is one of those things that the individual is sacrificed for the common good of everyone. Since they knew or suspected that you had already been using pot, then the police would probably have no problem getting a search warrant anyway. He was probably just trying to scare though, or the police would have been brought in from the beginning.

2007-12-08 18:11:09 · answer #2 · answered by Test 3 · 1 1

Where do I begin? Um...

1. Start paying a little more attention in your English and grammar classes. Perhaps it would help if you quit going to school high.

2. Quit engaging in illegal behavior, and you won't have to worry about whether or not the cops can find out about it and BUST you. (They can and they will, so that should clear up THAT little mystery for you.)

3. Grow some judgment before it's too late. You're not just going to land in jail if you keep up this behavior -- you're going to land in prison. It's not just your actions. It's your mentality, your behavior and your whole way of life, from what I'm gathering in this passage of yours.

2007-12-08 18:21:36 · answer #3 · answered by Anonymous · 2 1

You need to watch who you drink with. There a lot of fines involved in that. Yes you can refuse them entrance but probable cause will gain them entrance. Your busted either way.

Second question if they have evidence that you was smoking they can search the car you were in but not the car that was left behind. In some states if they find weed in your car and the door is unlocked some one could of stashed it there. Legally it's not yours and it can be beat in court.

Don't drank with under 18
Stop smoking weed

It's not worth it

2007-12-08 18:40:53 · answer #4 · answered by Anonymous · 1 1

You get caught, you pay the price! Better be quick to call a good lawyer. If you have cops at your door, and you refuse them admission, maybe they can get in by using "probable cause". If not, they can get a judges signature to gain entrance into your apartment. And believe me their equipment is sophisticated enough to get all damning information against you that will stick in court.

The next thing that I can say is that your behavior is immature at best, and very irresponsible. Do you want to be known as a druggie for the rest of your life? Think that you'll get future good jobs if you have a mug shot and a bad record at the police station? What you do today, you will reap the results in the future. It will always haunt you.

2007-12-08 18:26:25 · answer #5 · answered by zonofabee 2 · 2 2

Dude, stop breaking the law and bringing others into it...then you don't have to even think about that stuff! It looks REALLY stupid (my bro and friends do that crap, and I just laugh whenever I see them smoke or try to look cool), and all it's gonna do is give you a criminal record now that you're 18. Did you ever consider that once you're 18, and you have a record, even SMALL jobs are gonna be hard to come by? Your parents are no longer responsible, so get yourself fixed up before something really goes wrong...
yeah, yeah, I know you've heard it all before, and I doubt you'll listen, but that just means that you're only concerned with now and don't care what situation you end up in...I'd say good luck (more like dumb luck--you're gonna need it), but I don't think it's right, especially considering that you're inviting 16-year olds to join in self-destructive habits...

2007-12-08 18:14:28 · answer #6 · answered by Captain Oblivious 6 · 2 3

first of you make sure that thier is no underage drinking at that party otherwise if you get cought you will have penalities to man up to? it's your choice

2007-12-08 18:19:34 · answer #7 · answered by Anonymous · 0 1

(1) First it illegal to drink if you are under 21. (2) No you do not have to open your door to anyone whom your do not wish to open it for. (3) Your Principal can search your car for anything he did that to scare you. However they can call the local law enforcement agency and they can search you and you car and if anything is found and the car can be impounded you can be arrested and charged with possession.

2007-12-08 18:18:03 · answer #8 · answered by Anonymous · 0 1

Let me tell you, you are doing the right thing. Even if you have nothing to hide, do not let the cops in! You have every right to refuse the right to a search. The people on here and cops in real life will play mind games with you. They will say things like "just be honest with me know, because if you lie I assure you, you will go to jail" Don't believe there BS.

If a cop comes to your door and you are not doing anything illegal then step outside and lock the door behind you. Make sure you are CALM, even if you raise your voice or put your hand in your pocket then that is enough probable cause for them to search you. As long as you play by the rules then they have to aswell. Good luck!

2007-12-08 18:16:45 · answer #9 · answered by Watch it bub! 3 · 0 6

You cooperate, and if they want to come in and see who's there drinking, you let them....since they're there on a complaint, they have to check it out...... You're really pushing to get yourself in trouble.

2007-12-08 18:08:59 · answer #10 · answered by Anonymous · 0 1

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