Can cops enter your house without a search warrant?

[TechBoyJK]

I wasn't present when this happened, but this is what was told to me, and I am curious if this went down right.

A friend of mine had a party, and apparently a neighbor complained about the parking. Well, with no notice, there were 5 cops standing in his living room, trying to ID everybody there. Everybody was over 21 and the cops left. My friend, the party host, was pretty embarrassed because it freaked alot of people out. When he asked the cops if they had paper work to be in there, they said no. When he asked why they were there, they said because of the parking.

Do the cops have the right to let themselves in like that over something like parking complaints? Aren't they just supposed to stand at the front door?

 

[Mallow]

I'm a little fuzzy on the entire "probable cause" thing.

 

[axelfox]

It could possibly fall under the exigent circumstance exception, but I don't have enough facts to be sure.

But to answer the question in the title, yes.

 

[NikPreviousAcct]

If they have reason to believe that a felony is being committed at that moment, then yes.

 

[Nitemare]

They probably asked if they could come in and some dumbasses said ok.

 

[Turkish]

If they told you they were there for parking, no they have right. They can only come in if probable cause is committed inside.

 

[WinkOsmosis]

Only if you're middle eastern.

 

[bunker]

Originally posted by: FFMCobalt
If they have reason to believe that a felony is being committed at that moment, then yes.

Yep, otherwise they need permission from the property owner (or renter).

 

[TechBoyJK]

naw, matt said he was using the john, and when he came out, his guests were freaking out and trying to deal with the cops in his living room.

 

[TechBoyJK]

they said they had reason to believe there was underage drinking.

 

[NikPreviousAcct]

Originally posted by: TechBoyJK
naw, matt said he was using the john, and when he came out, his guests were freaking out and trying to deal with the cops in his living room.

Wow... lawsuit against the city.

 

[bigredguy]

I "know a guy" that was drunk enough to let the cops in without a second thought. Everyone except one was underage, 4 cops came in, looked around after we said they could and told us to have a nice night and left.

My guess is whoever opened the door said they could come in.

 

[Fritzo]

They can not enter unless given permission. They'll usually aquire this in a non direct way (like- You don't mind if I make sure everything is OK in here, do you?). But otherwise, yes, they would either need a warrant or something illegal would have to be in plain view.

 

[brxndxn]

In HS, my friend was throwing a party and entirely too many people showed up. The clubhouse parking lot is where most people were hanging out. He let his close friends into his house. There were maybe 25-30 of us in his house. We locked the doors and stayed quiet when the cops came and busted up the parking lot party. Then, the cops just kicked open my friend's door.

We later found out what they did was entirely illegal. The cops stayed in my friend's house until everyone under 18 had their parents pick them up. It took about an hour and a half. None of us opened the door.. they just broke in.

 

[gistech1978]

Originally posted by: FFMCobalt
If they have reason to believe that a felony is being committed at that moment, then yes.

is underage drinking a felony?
no.
cops in the city i went to college, could walk into a house where a party was if they 'suspected underage drinking was happening'

they dont have too much to worry about in that city, obviously.

 

[TechBoyJK]

Well, the cops came in through their back door, which was a glass sliding door, and apparently they saw someone they thought looked underage, so they let themselves in to id her.

 

[Nitemare]

Originally posted by: TechBoyJK
they said they had reason to believe there was underage drinking.

And they went to which school and studied this course?

 

[skace]

Originally posted by: TechBoyJK
Well, the cops came in through their back door, which was a glass sliding door, and apparently they saw someone they thought looked underage, so they let themselves in to id her.

wtf?

 

[TechBoyJK]

exactly. I was at his house last night, and I was saying that it was illegal for them to just let themselves in, and they should have called 911 to find out if the police department knows about it and to clear it with them. Am I wrong? Maybe I am, but it would have at least put the Cops in check to know they were being called on.

 

[Spencer278]

That is why you should have your windows covered because a cop could see your grand mother having a beer and claim she is under age.

 

[StageLeft]

In this instance, no.

 

[TechBoyJK]

Originally posted by: Skoorb
In this instance, no.

no, to what? I am not wrong? Or am not correct?

 

[StageLeft]

Originally posted by: TechBoyJK

Originally posted by: Skoorb
In this instance, no.

no, to what? I am not wrong? Or am not correct?

No to the thread title

 

[TechBoyJK]

can somebody answer my last question?

 

[911paramedic]

If a crime, or suspected crime, takes place in their view they have a right to investigate.

Take a domestic violence case as an example. If they get a call that it happened they can go to the house and enter if given permission, but if they SEE it happening they can enter to stop it.

If they saw somebody that looked too young they can investigate it because that is a crime in progress. (misdemeanor)