Wednesday, July 7, 2010

A warrantless Home search: Was this Legal?

I wasn't there at the time, but my friend had a party while his parents were out of town and he ended up getting busted by the cops. Of course there was drinking (mostly underage) and drugging (no age-limit [still Illegal no matter what]), which is a key factor in the bust. My friend told me the reason the cops ended up there is because some 14yr. old girl who was at the party told her sister about it and her sister told their mom about it and their Mom called the Cops. The Cops came to My friends house and knocked on the door. When my friend came to the door he asked who it was and they told him who they were and instructed him to open the door, but I think he told them no (or something like that) and a police officer threatened to break the door down if he didn't. There was no warrant for the search and we're positive it wasn't the neighbors who called about a noise complaint. Everyone was arrested for underage drinking. I feel like this was unlawful and would like some insight as to whether it was or wasn't to an extent.A warrantless Home search: Was this Legal?
There was nothing illegal about the home search. A warrant is NOT required when there is probable cause to believe something illegal is going on or that someone is in danger. When the police received the tip there was underage drinking going on at the house, the police went to check it out. When your friend refused to answer, that gave the police additional probable cause to believe illegal activity was going on. It doesn't matter if the neighbors called about a noise complaint or not. Someone contacted the police about an underage drinking party. Everyone was lawfully arrested and the police lawfully entered the home. There is nothing unlawful about what you stated. There is nothing you would be able to do about it.A warrantless Home search: Was this Legal?
At no point in your story did you mention that the officer DID search the house. All he did was come to the home, knock on the door, arrest people for underage drinking. Officer cannot search the home without a warrant, but they can take what is seen in plain view, or in your trash. Unless there is more that you didnt mention, officer didnt do anything wrong.
a cop with reasonable belief (ie a complaint) about illegal activities happening on a property can enter the property and arrest anyone they see engaging illegal activities.





Evidence of course has to be in plain view (ie they can't look under the couch)





ie, if a cop standing outside of a house, suddenly hears someone scream, and it sounds like they are being hurt or being killed, a copy and forcefully enter the house based exigent(?) circumstances
When a crime is committed and the police officer had personal knowledge, there is a valid search of the place even when there is no warrant.
as a minor you have the absolute right to do anything you want to. just tell the cops to buzz off.
yes legal as there was reasonable belief a crime was in progress, the subsequent arrests would support this
Yes, legal. If they have reason to believe that someone is in danger i.e. kids getting drunk and unsupervised, possible drugs, etc., especially when the call they recieved was backed up by more than likely noise/ party!!! Also, not sure what state you are in, BUT in Illinois they are really hitting the parents hard. Home or not!!! It was on the news. They can be charged for numerous things while on vacation! Parents are advised to have a neighbor or someone watch the house even when they leave adults (not yet 21 though) at the home. Missouri has been doing this but I think we are going to see it alot more often. I believe that it is better that the underage drinkers got arrested than the innocent parents!!! The kids will be just fine and hopefully learn a lesson. If they are going to drink, do it discretely or not at all (even better) but we know that is not going to happen!
Just remember, they can do whatever they want!!!!!!!!! This happened to my family last night. My daughter answered the door, while I was the bedroom and my husband was asleep. We have 2 daughters and they were both home. Guess who? It was the Drug Task Force. Why? I haven't a clue. They ask my daughter a few questions. I could hear her talking to someone. I went to the door and the officer ask me to step outside. I did. He ask about some illegal activety. I told him he had the wrong house. He ask me to show him around our buildings outside. I did. He then ask to look in this particural shed. I let him. To my surprise the garage door was open. We never keep it open. He went in and didn't even ask for the light. I turned the light on and low and behold on a chair was backpack he opened up and found a lab. He had no search warrant, and I was willing to show it to him. We are not involved in this. He called for back up. I had to stay in the building with him. After making his notes, he let me go in my house. Being a lawyer, he knew he made several mistakes. Now the games will begin! What I am trying to tell you, you can either not answer the door. They might try to kick it in, if they feel they just cause. I mean a big cause. If you open it up to them, they can do whatever they want. They can arrest whoever they want. Don't believe INNOCENT UNTL PROVEN GUILTY. It's GUILTY UNTIL PROVEN INNOCIENT.


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