ALL FOR MINORS UNDER 18 can police step on your property/driveway without a warrant? is alcohol in a red cupe inclusive of the "Plain View" law? can police officers enter a home if they suspect a party is going on inside, but cannot see it? (with NO consent/plain view) is there an implied consent among minors under 18 for their vehicles to be searched without a warrant by police officers? if the door is unanswered, do the police have the right to enter the house (breaking it open, coming in through an unlocked door)? who can you call for your FULL rights if the police try and trick you (they falsely state that you are required by law to allow them to search)? if alcohol is in a brown bag/red cub (which is in PLAIN VIEW) in your house or car, can the police enter? can the police enter your property if they see alcohol bottles (which would constitute plain view, though no one is directly drinking from them) if this is the situation: Host is hosting a party in both his garage (garage door can be closed) and his driveway (outside in the open) [under 18] If police come to the house to investigate (suspicion of drinking under 18) because of a noise complaint, can they enter the house? can they enter the driveway where minors are drinking on? can the host ask for the police to leave even if there is CLEARLY drinking (in red cups) on the driveway? if anyone at the party gives consent (NOT THE HOST), are the police allowed to enter? in addition: can police enter the house and break up the party, while KNOWLEDAGLABLE that they do not have a warrant? if they did take legal action against you, could you defend yourself with their lack of warrant? if they did NOT take legal action against you, can you do anything or are you simply left with a busted party and notified parents? ~:~:~:~:~ Thanks, would appreciate ANY answers a lot, but please, don't post if you're unsure of the answer and are not a legal professional!! ~:~:~:~:~
I assume you are in the US. The police have a right to come on to your property and knock on the front door. If the police witness a crime taking place, such as underage drinking, they may enter the home without a warrant. --- What is the upshot? Obviously the police came and busted a party with some underage kids who were drinking. If you are thinking about suing the police because you feel that your rights were violeted, forget it, it is not worth it for your time and certainly not for an attorney to spend his time. The reason it is not worth it is because any damages, even if you win, are minimal and simply not worth it from an economic perspective. However, if you have been charged criminally, then perhaps some of your concerns might be a factor in your defense.
Thanks for the information browntwn! Appreciate it. So just to clarify: If the police SEE the underage drinking in the driveway, they are allowed to enter without a warrant. However, considering they can't see through the garage door, if the door was closed, they cannot enter because they did not witness the crime. Is this correct? Edit: And can someone answer the questions about the red cups/brown bags?
Yes It depends on the context, but probably. What do you mean by "can the police do this?" You aren't going to be able to sue them and get any kind of damages, and whatever evidence might be subject to exclusion is a question of what kind of charges there are. No, but consent isn't the only thing that can trigger a lawful vehicle search. It depends on the circumstances. A lawyer. Probably under plain view Depends on the context Probably given that they have the complaint and people are actually drinking on the driveway Of course You can ask, but not going to happen if you have illegal underage drinking going on. Probably. A warrant relates to the power to arrest or search. They don't need a warrant to bust up a party. Probably not. Busted house and notified parents. What damage did you suffer? You lost your non-right to host an underage party with alcohol? ~:~:~:~:~ Thanks, would appreciate ANY answers a lot, but please, don't post if you're unsure of the answer and are not a legal professional!! ~:~:~:~:~
Based on a noise complaint and catching people drinking in the driveway, it seems like they had probable cause to enter.
Hello, I am curious if anyone can answer a question for me. My son who is 18 has rented a house with two other people who are 20. Last Saturday his roomates had friends over because one is leaving for the military next week. It became too noisy for him so he left the house. Evidently there was drinking, and a noise complaint which brought the police went to his house. The police had his roomates call him to come home and issued each of them personally a noise complaint and fine as well as a fine for underage drinking. He told them he was not there and he was not drinking but they told him it did not matter, his name was on the lease. It that true. He was accountable for his actions, how can he be punished for the actions of others?
ALL FOR MINORS UNDER 18 can police step on your property/driveway without a warrant? Yes is alcohol in a red cupe inclusive of the "Plain View" law? Yes can police officers enter a home if they suspect a party is going on inside, but cannot see it? (with NO consent/plain view) Yes, be aware noise ordinance and/or neighbors calling them in is just means for them to enter. Also you never know if you were rated out, once they open the door and they observe what they appear to be minors even near alcohol that would been neglect of a minor. Which then they can search the whole house if they see fit to do so. is there an implied consent among minors under 18 for their vehicles to be searched without a warrant by police officers? If they observe what appears to be an open container, smell of alcohol of any type of drug they can search the vehicle. The actual item does not have to be present, the smell is enough for just cause. Then if you tell them "no" you cannot search my vehicle that even escalates it to higher just cause because obviously you are hiding something. if the door is unanswered, do the police have the right to enter the house (breaking it open, coming in through an unlocked door)? If they feel something unlawful is going on inside/ have reports of unlawful things taking place inside yes. Otherwise no, they would have to contact a key holder. who can you call for your FULL rights if the police try and trick you (they falsely state that you are required by law to allow them to search)? You can write a letter to the department stating what happened, they will advise you of your rights and/or give you references to the laws which you ask about. if alcohol is in a brown bag/red cub (which is in PLAIN VIEW) in your house or car, can the police enter? Yes, absolutely can the police enter your property if they see alcohol bottles (which would constitute plain view, though no one is directly drinking from them) Yes, if there are minors present of course.. if this is the situation: Host is hosting a party in both his garage (garage door can be closed) and his driveway (outside in the open) [under 18] If police come to the house to investigate (suspicion of drinking under 18) because of a noise complaint, can they enter the house? can they enter the driveway where minors are drinking on? Yes, they can enter and put whoever is drinking under 18 in custody until they investigate the matter. can the host ask for the police to leave even if there is CLEARLY drinking (in red cups) on the driveway? if anyone at the party gives consent (NOT THE HOST), are the police allowed to enter? in addition: can police enter the house and break up the party, while KNOWLEDAGLABLE that they do not have a warrant? if they did take legal action against you, could you defend yourself with their lack of warrant? if they did NOT take legal action against you, can you do anything or are you simply left with a busted party and notified parents?
Hello, I am curious if anyone can answer a question for me. My son who is 18 has rented a house with two other people who are 20. Last Saturday his roomates had friends over because one is leaving for the military next week. It became too noisy for him so he left the house. Evidently there was drinking, and a noise complaint which brought the police went to his house. The police had his roomates call him to come home and issued each of them personally a noise complaint and fine as well as a fine for underage drinking. He told them he was not there and he was not drinking but they told him it did not matter, his name was on the lease. It that true. He was accountable for his actions, how can he be punished for the actions of others? Judi, That situation could be tricky, I am sure he could def. fight that in court and possibly come out on top. BUT, his name is on the lease, the dwelling is his sole responsibility to manage and all contents of that dwelling would be his responsibility. Now if he had no knowledge of any alcohol being there, that maybe different but I feel he knew there was alcohol in the house.
Thank you Rafter. He knew othes were drinking, he don't know who brought it, he felt he couldn't stop it, he is the youngest and the people over were not his friends so he did the only thing he felt he could, he left. He has already learned the lesson to know roommates better before agreeing to room with them but now he has been hit with a $1,000 in fines. (They were a friend of a friend) He is a full time student working part time to cover all his expenses except rent. He can't afford this. I know its a lesson but he is stuck and can't get out of the lease until the year is up. He thought not being a part of things was enough since he felt powerless to do anything else. He was at a friends house for the night when he was called over. He has to live with these people. The police obviously would not of helped him if he choose that route either. He was in a no win situation. The kicker, he is in school as a Freshman to get a degree and education to become a drug and alcohol counselor. He is young, learning and in some ways too naive, but the fines when he was not even there are so severe.