If an underage drinking party was held and was invite only. No public
admittance and tickets were confirmed. And illegal activity was not
visible from the street.

If one of the invitees reported it. Can the cops go in? Does that one
call give them probable cause? What if there is music playing loud and
it was a public disturbance? Can they simply come to the door and ask
for the owner to turn it down? Do they have the right to ID people?

I know a bunch of times cops go in since the event is open to anyone,
but if someone reports it and the witness does not prove their
credibility, then can the cops come into the private home? What if
people leave and are drunk, does that tip the cops off (if they don't
have proof of their liquor consumption (aka cups) when they are
outside)? Can the cops sit outside and wait for a slip-up?

Always wondered. A friend got caught because he made it public and I
was wondering if making it private would have made any difference. $10
bounty on this one.

---

Clarification of Question by nick4753-ga on 09 Apr 2006 22:44 PDT

It is Wisconsin... In this case everyone ran when the cops came by,
which was a big problem I'm sure. But in my hypothetical situation
nobody is allowed out while having cups and the doors are
monitored.... The only suspision provided is noise, but having a party
isn't reason to enter the premise, even if it is a municipal
ordenance.

Or is it that if it is a municipal ordance there is probible cause.

In Katz v. United States it is reasonable to expect privacy, including
when having a party. There is no evidence from the outside of a crime
happening, and there is nobody doing anything outside other than
coming or going.

ATWATER v. CITY OF LAGO VISTA says that you can be arrested for even a
minor crime, so if we are "disturbing the peace" I can be arrested for
it... and the officers could search the immediate area (not from
Atwater, but from another case.) So obviously leaving the house to
address the cops is the most approprate  thing.

I'm just really interested

---

Clarification of Question by nick4753-ga on 10 Apr 2006 07:14 PDT

I might add that the situation above happened at the end of the high
school senior year. Obviously if something like this party ever
happened (and odds are it will, if not thrown by me thrown by others)
it would be all college students and odds are there would be SOME
people over 21. Obviously the cops can't come in and card every single
person in the house.

As a Bounty Hunter (and one of the best) me and the boys will come
a-looking for you whenever or wherever you break the law.

You can count on it.

You have been warned!

Nick, 

Laws and regulations change from one jurisdiction to another, so you
will not be able to get an answer without diclosing the jurisdiction
it refers to.

As a person who grew up in a time when police basically left you alone
when having a party at your parent's house when they where away and
never arrested anyone, for if I was growing up today who know's if I
would have had a police record for that, never had gone to law school
never would have passed the ethic part of the bar I feel for you young
people today, every little infraction today seems to be a crime when
in the 1980's they would let you go or just call your parents but
never arrested never generate a police record
Please the drinking age use to be 18, and if at my prom they had
breath test and they arrest you I would have been so busted


That said 1st this should not be taken as legal advice just an opion
always check with a local lawyer for laws do differ from state to
state, but US consitution protections can not be shrinked by state
laws so under 4th amendemnt against unreasonable search and seizures
you do have certain rights

OK unless the police officer has probable casue that a crime is being
committed they can not come into your home without your consent even
if its your parents home and they are not there you have the right to
say no and they must obey, that said what would be probable cause? an
under age person in the yard that can be seen from the street that is
drunk, or say playing loud noise a noise complaint is issued by
neighboor ploice can come to door based on complaint you must answer
the door when the door is open they see in PLAIN VIEW booze and under
age people bam you caught legal to search and arrest, or you answer
the door based on noise complaint you appear to be drunk bam can
detain you inorder to determine if you had been drinking.  Cups in the
yard would give police some casue to investigate further view the cups
from the street plain view pick up a empty cup smell of booze more
cause to go to door only young people some appear drunk cops legally
there plain view bam BUT in general police can not enter a home
without a search warrent or arrest warrent unless the have probale
casue of a crime

The other way it happens is police get noise complaint or neighboor
calls becasue alot of cars the cops come to the door try and get in
telling you a awhole lot of bull you let them in bam consent your
nailed, or they see something at that point PLAIN VIEW BAM they can
invistgate further to see if a crime is being committed

Public private is not the issue for you but the probale cause that you
have underage kids drinking at private/public party part doesn't
matter, so better to have a house far of the street so cops can't see
PLain View do not party in the front area basement with no windows the
best, keep noise down , do not let them drive away drunk that is
awhole another liabilty, do not let them hang in the fron yard , cups
that smell of booze is probable casue , if cops ask if they can search
say no if you know underage drinking is going on, your nailed anyway
make it harder on them also without consent a good lawyer may get it
through out of court becasue they did not have enough probable casue
to search further consent is a major way police get in, same with car
stop never consent if you are in the wrong let them get a search
warrent

We have given our law enforcement people so much leeway that they can
pretty much find cause in just about anything. On a sadly amusing
Saturday Night Live skit about DWB (Driving While Black), Rob
Schneider's state trooper character said something along the lines of,
"We'll still find a way to getcha-- I can stop you for low tire
pressure."

Instead of trying to figure out how to engage in illegal behavior and
not get caught how about realizing that kids who get drunk, drive
drunk and die or kill other people.  Kids (one in the news this past
week or two) actually drank himself to death.  Now that's stupid and
deadly.  And don't forget, as the person who gave the party, or your
parents who are responsible for you, will get sued if any of the
drunks go out and do something stupid, like fall down and get injured
or kill somebody while DWI.

I do not think at this stage of the game you will be any match for the police.

probonopublico, the boys and I... ;-)

As for daniel2d- a bar would have the same issue. This party was
within walking distance, just as so many other parties I have been to
were.

In this event I don't believe anyone was driving.

gozzy11-ga - Wish I could send you $10, that is exactly the answer I
was looking for. Explains how a lot of the parties I have been to have
people at the door who are never drunk. If the cops can't prove that
the people inside are under 21 (they can't ID every person at the
party) I don't see it being a problem.