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Speak Up! - View Question #361 |
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Question: If I am throwing a party with about 50 or more people, and there is alcohol and drugs being used, and the neighbors call the police complaining about the noise, do the Police have the right to a)enter my house b)break up the party? How does the situation change if the Police do not know that there are Drugs/Alcohol being consumed. Do I have the right to refuse the Police entry to my home without a search warrant?
Answer: The complaint about the noise, and all of the cars and people, will most likely give the police officers reasonable suspicion to come to your house and knock on your door to investigate the complaint. However, and with some exceptions, an officer cannot force his way into your home without your consent. The Fourth Amendment to the United States Constitution provides: The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This section of the Constitution provides that you are secure in your home unless the police obtain a search warrant from a court, where the police will have to show that they have 'probable cause' to search your house. If the police come to your home with a search warrant, then they can force their way into your house. Courts have also approved entering a home without a warrant where they have a reasonable belief that some evidence will be immediately destroyed unless they enter or someone will be in danger. This might happen where the police saw a bank robber drive from the bank he robbed to his house or if there appeared to be an emergency where someone was hurt. Then a court might find that the police were justified in forcing their way into the house without a warrant.
If you did not allow the officers to search the house, they could obtain a search warrant to search the house without your consent.
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| Comments |
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On 12/18/03
Jason from TX said:
I am a police officer in houston, tx. There is case law out of Wisconsin, and approved through the u.s. supreme court that states if a juvenile party is being held and there is evidence of alcohol or drugs then officer's can enter the home without a warrant (even foreced entry for you juveniles who like to run inside and lock the doors). The supreme court states that the officer's have exigent circumstances to check on the welfare of the juveniles.
Thank you.
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On 08/26/03
Cooper from AZ said:
The keyword in the Fourth Amendment is "UNREASONABLE" searches and seizures. In regards to the party with 50 people and drugs/alcohol, it would be perfectly reasonable to investigate the house to make sure there were no underage drinkers or illegal drug use. The complaints from neighbors is justification in itself to search. After all, anyone who is resisting a search obviously has something to hide. Don't be messin around with illegal activities if you're too afraid to let an officer in to make sure everything and everybody is okay.
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On 05/10/02
Bert from FL said:
Editor incorrect because new law enacted to safe guard against terrorism allows for no search warrant for such things as wire taps and other ways to breach our 4th amendment rights
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On 02/24/02
Dave from MI said:
Right on 4th amendment!
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On 12/08/01
unknown from AZ said:
I belive there was a new law passed that lets any kind of offical to inspect anything they want including your backpack, house, car, anything. This takes away that right, they can just walk in your house now..
Editor's Note:
The comment above is incorrect. The Fourth Amendment to the US Constitution
prohibits unwarranted searches and seizures. Read for yourself:
"The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable c
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