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T-Bag
Can police enter your house for a noise complaint?
I was having a few people over, 10 people max, we're all 20 & 21. We got a noise complaint and we were drinking. Can the police enter without you inviting them in? No warrant, no felonies, no nothing, just a noise complaint on some college kids. The way it happened was I went outside and closed the door to talk to them, one officer stated, "you might as well open the door and let us in, or the excise officer will just come and let himself in" So we made an agreement outside which I am VERY surprised the officers kept their end up. Probably because we were all 20 and very close to 21. Anyway the agreement was if they take all of our alcohol, we wouldn't get tickets and that's what happened. I bet they had a good time with MY beer lol. Anyway answer to the question for the future? Doesn't matter anyway though I'm 21 now, just curious what the scenario would have been.



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stuck
yes they can its only if they are searching something where they cant go inside. But if they just want to come in it's fine. Its better if you let them in anyways, because then it shows that your not hiding anything

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gator
Rating
the cops took your booze? did you know if the cops did not voucher for what they took, they could be in trouble, even charged with theft. your whole scenario sounds a little screwed up.

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idrisbey
I am not sure what state you are in, but here in the great state of New York, the police does not have the right to enter your house (under the circumstances you described) unless there was a consent by you, or someone else who resides in the same dwelling.
They can always ask your permission, and if you grant it, anything they find in open view is fair game.

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Mel
not without a warrent.. i believe they need a warrent..or a legitamint reason.. i dont think ther just a lowed to come into ur house.. if u asked about a car..id no everything cauz unfotunatley i got rated bein 18 my fukkin license is suspended ahaha.. but honestly if u asked them for a reason they wanted to go in n it was ligit i think they can.. if they like suspect ****.. but idk hahaha

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robert w
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i don't think that they can

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charmm25
they cannot enter and search unless they have a warrant

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Hillary H
No i believe they can't without a warrant or you letting them in. im not COMPLETELY 100% on that.

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fsh_wllm
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no they cant unless they have your consent or a search warrant or if the have extenuating circumstances or a reason to believe something illegal is going on inside the domicile

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Ethen
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Im going in to law enforcement

They cant really come in to your house, I would say, they have to be invited in or have to ask and you have to say yes.

But if there is any little tiny HINT that something is wrong and they need to come in, they will, such as under-aged drinking.

They agreed with you because thats what they were gonna do anyway, lol. Well, not come in to your house and take your beer. Theres no law that defines that. But you know what Im talking about.

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Maverick ®
Rating
No, cops can't go into your house.
Probable cause is the presumption that a law is being violated based on the immediate activity seen or a report of a law violation. The cops tricked you into opening the door so they could see within and discovered drinking along with the noise.
In your case, disorderly conduct, loud noise is not probable cause to enter a dwelling. A warrant haas to be issued and handed to you for a search of your house and must specify what the object is they're searching for. By the time they'd come up with a warrant, the evidence would have all been guzzled down and distributed to the toilet.
If they took your beer, they violated your 4th amendment and committed theft by fraud, not to mention official oppression.

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chris w
No, ordinary police could not have just came in, you would have had to allowed them in; however, if you are on a campus, there may have been something in your housing contract that makes it so you must let authorities in if they want to come in.

By the way, for everyone saying they had probable cause to enter, based on what? Also, even if they have probable cause to believe something illegal is happening in the residence, they still need a warrant. Simple probable cause is not good enough to enter a private residence.

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loosepink99
With myself being a criminology major , and a future Police officer, I know the rules about it. Alright so if the officer(s) knock on your door and you answer it. the best thing to do is step outside the door and close it because if they dont have a warrant then they legally cant come in. But if you let them step foot in your house, you automatically waive your rights. if they see something in "plain view" when they enter. That is there probable cause. Say you have a bong sitting on your table. Then your screwed..... Now if they ask you " can we take a look inside?" what your supposed to say is i do not consent to any searches without a warrant (THIS IS TOTALLY LEGAL). Do not be smart with the police. Ask them what the problem is. if they say we have a noise complaint. just tell them your sorry, and address the problem to your friends. One more thing just for future reference. If you get pulled over, and the officer gets your license and registration, and THEN askes you to step out of the car. Comply obviously, but if he asks to search your car just say " I DO NOT CONSENT TO SEARCHES OR SEIZURES" ... that is the key phrase. we all have rights. and particulary your question deals with the fourth amendment. Now if there was probable cause, for example, they smell marijuana smoke. then that negates everything and your screwed... hopefully this helps.

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alex
If they see that you are doing something illegal and are responding to a complaint then they do have probable cause to enter your house. Usual they will ask in a manner that doesn't sound like a question, so pay attention to the wording they use and don't be afraid to ask them if you have a choice in the matter (chances are if you didn't they wouldn't ask). Now if you are breaking the law (in your case contributing to the delinquency of a minor) it is usually best to do what they ask. Cops do not like to hear the work no.

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hevymetal60
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if u let them in or they have a search warnt

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EddyJ
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Not necessarily. They received a complaint about noise they are obligated to investigate it. Since you met them at the door, they probably smelled alcohol on your breath. When they found out you were under 21, that gave them probable cause a crime was being committed. Hence the need to enter the house to make sure no other crime was taking place. It sounds like you got off easy. Quit complaining and make sure you thank the officers. They could have busted alot of people fro underage drinking and they chose not to. This saved you and your friends alot of money that is not easy to come by for most college kids.

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kayyn(:
They cannot enter your house unless they have a search warrant unless there is a probable cause... like say there is under age drinking... or illegal drugs, then yes they can.


but they cant without the warrant or a probable cuase.

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earthwoman41
When you said, "Just some college kids" you kind of gave it all away.
I take it you live off campus, probably in mixed rental housing and the local police are well aware of who is who. If a citizen complains of excessive noise, it means they could hear you from inside their home, and the police have a right to come to your door and tell you to keep it down. Since the police probably knew there was alcohol involved and that there was a good chance some of the drinkers were probably under age, they can legally enter your home to investigate a crime: i.e. underage drinking. If you are the resident and you are providing alcohol to underage persons, you are committing a crime. But,
since most police officers don't want to be tied up with writing a report on "nice kids" they made a deal with you. Yeah, they can do that.
See, grown-ups usually don't get tanked and play loud music or yell a lot (not real grown-ups) They have a few drinks, visit, talk, maybe dance a little, have a swim, watch a naughty video, etc. They don't get drunk and noisy. They know it brings complaints and the cops.

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Logic316
They can't enter on a noise complaint alone. But if, let's say, they noticed booze on your breath (or saw open beer bottles in plain view from the doorway) and you look under 21, that may constitute probable cause. If a cop sees a criminal violation in progress, no warrant is needed to enter. Next time, just drink more quietly.

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payjani
Rating
they did not come out just once and barge into your house
sorry there are some missing details
if you live on a college campus IN A DORM that is not YOUR house you are on SCHOOL PROPERTY ~ HELLO~
well if your 21 and your serving alcohol to folks that are not 21 you better thank your lucky stars that they did not haul your ars off to jail!
serving underage drinkers will get you jail time

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Improper Bostonian-Obama!
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Yes. They sure can.

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jackjenner72
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yes police can because your disturbing ur nabours and if they report u then u will get like a $500 fine

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Dylan K
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yes they can i've seen it on cops all the time

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Mark B
Dude, you're stoked you didn't get busted! Those cops were cool. I had some bust in on me when I was in college and threaten to have me and my roommates get kicked out of school or lose grants/scholarships. They came over on a noise complaint, had the wrong house, but smelled weed when my roommate opened the door.

I'm pretty sure that seeing kids they thought were under age is probably cause.

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Jack B
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Yes , they can come in , without a warrant . They were called to investigate noise complaints . Most of the time , when noise complaints are called in , they involve excess alcohol and or drugs - the illegal kind .
When you slammed the door behind you , you gave the officers " due cause " to enter .

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Stephanie
If the cops saw someone under 21 drinking, then they can enter the house because they have developed probable cause. However, if there was a simple noise complaint, the cops can't enter.

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Tam Byte
If you were underage at the time and they smelled alcohol on you then they probably would have had probably cause to come in. If you were of age at the time, then they would have no cause.

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Kevin C
Don't get Tazed Bro!!

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Just Me
they can if they have reason to believe illegal activity was going and yes underaged drinking is illegal.

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shawn
Rating
yes.. probable cause
I was at a party once .. same type.. my buddy (his parents house) told the cop to take his shoes off.. Wow it was the best!

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Mensan
Rating
they can enter with: your permission, a warrant, probable cause for suspicion.

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lpdhcdh
Every situation is different and much actually depends on the individual officer and what he can articulate.

First off, ignore every answer that states, "they need a warrant"..a little knowledge is a dangerous thing.

Typically for most cops noise complaints are not a big deal. If the party folks treat us decently, we will try to do the same. I have never written a noise complaint ticket to folks who come to the door and act decently. Nor have I ever written a MIP (except while in field training) to underage folks who acted decently.

Party folks refuse to come to the door, or slam door in the face of the officer. Most officer's would be able to articulate an officer safety or exigent circumstances to FORCE entry to the residence. In my world everyone gets a ticket, peoples cars that are parked out front get impounded, folks go to detox etc. If its a rental property the landlord gets a notice from the city.

Now in your situation, if you refused me entry, much depends on what I can see and hear from the door or windows. If anyone looks as much as underage, I have PC in plain sight of a crime...no warrant required, as the evidence of the crime (alcohol) is easily removed (whether down the throat or down the sink).

If you were try to interfere with my investigation...you would have been cuffed, and earned your buddies a ticket.

If I couldn't articulate a reason to go into your apartment, and you refused my entry I would cut you a $300 noise complaint ticket, and we would be done. Maybe if I was bored and vindictive enough I would roll by later in the night (or earlier in the morning) and see if I could catch myself a DUI leaving.

EDIT-loosepin if you are paying for your education ask for a refund.

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