Can cops come in without warrant if they suspect underage drinking in MI?

Question

I was at a party and there was underage drinking going on but no one went outside and we stayed in a room where all the windows and shades were shut. We got to a discussion and wondered if the cops came and an adult answered the door and there was no view or proof of the teens being there could the cops still come in without a warrant?

Answer 1

Certainly they CAN, they are able, the question is whether it would be lawful.  In general, cops need a warrant to enter a house.  The most common exception is consent.  If someone answers the door and the cops say "we would like to come in," and the person says "Okay," then they do not need a warrant.  That happens more often than you would think.

Answer 2

No.  Even if they received a report that a crime was being committed, unless they witness it, or something that evinces it, they must have consent to enter or a warrant.  The report is only reasonable suspicion and does not permit search without the consent or a judge's order.

If they witness it, or something that can stand as evidence to support the commission of a crime, that is probable cause and grounds for search contrary to consent or without a warrant.

Anything they might find in an illegal search (no consent, no warrant) and anything that evidence might lead them to is fruit of the poison tree and eligible for suppression in court.

Answer 3

they have to have probable cause...it means that they must see it going on or see someone come out that is clearly underage and drunk.

Answer 4

Absolutely not. They NEED to have a warrant in order to go into someone else's home.

Answer 5

There are 8 well established exceptions to the warrant requirement:

Search incident to arrest

Exigent circumstances

Abandonment outside curitlage of a household

open areas outside the curtilage of a household

consent

the vehicle exception (not applicable for houses)

Plain view doctrine

Protective frisks and sweeps (for dangerous weapons ONLY)

You tell me... If they have none of the above, and if they don't have a warrant, could they still come in?

Answer 6

Yes. Law enforcement nowadays have been given broad authority under the Patriot Act of 2007 signed in to law by Prez Bush. Police now have unprecendented powers for making stops, search and seizures, and other various laws. If your underage and drinking, you know the law, its illegal and you shouldn't be doing it.

Answer 7

Nope. Never let a cop in without a warrant. They will ask and weasel a way in out of you though. Flatly refuse.

Answer 8

Yes, if they are given permission to come in or if they observe from the door an illegal activity inside or contraband in plain view.

Answer 9

Yes, that is possible. It is not probable with your scenario, however, warrantless entry can be made if the officer has both probable cause and exigent circumstances.

Exigent circumstances are emergent conditions where getting a warrant is not practical. Some examples would be if they heard a fight, and felt someone could be hurt if they don't respond immediately, or if they felt someone was in need of medical help.

A call alone, especially if it is anonymous, is not enough for probable cause, and certainly not exigent circumstance.

Answer 10

Nope i don't think so i went to a house party and we were all drinking and all underage. the police came because of loud music complaints and they seen all the alcohol on the table and around and they asked for anyone over the age of 21 was there and there wasn't so they just said for all of us to leave when 3 minutes or he was going to call backup and we would all get in trouble. But he never stepped foot in the house. They cant invade your privacy without a warrant.

Answer 11

you need to know their tricks. even if they flash you a paper it is often fake. tell them to slide it under the door or better yet do not answer the door at all

Answer 12

Yes if they smell it or see it they can come in without a warrant.

Answer 13

They wouldn't just be knocking on doors randomly to check for underage drinking, so they would probably have had a complaint or saw something that led them to believe that a crime was being committed.  If they aren't "allowed" in, all they have to do is sit tight until a warrant can be issued and then you and your little buddies are toast, along with the adult allowing and condoning the underage drinking.    Instead of sitting around getting soused while thinking up ways to circumvent the law, try doing something constructive with your time.

Answer 14

YES THEY CAN!  THE ADULTS HAD A GOOD REASON!!  UNDER AGE PEOPLE SHOULD NOT BE DRINKING!!  DID THEY DO A BREATH TEST?  MAYBE YOU NEED TO RETHINK THAT YOU AS A MINOR DO NOT OWN THAT HOME AND WHAT YOU DID WAS DISRESPECTABLE!!!  aN ADULT WAS THERE FOR A REASON!!  SOUNDS LIKE YOU ARE WHINING AND IF I WERE YOUR PARENT I WOULD FIND COUNSELING BECAUSE ALCOHOLISM IE SERIOUS!!  SOUNDS LIKE SOMEONE MADE A PROPER DECISION!   YOU NEED TO SEE WHAT PEOPLE LOOK LIKE AFTER ALCOHOL AND DRUG ABUSE AND THAT WILL PUT THE FEAR OF GOD IN YOU!!!!  CHECK OUT TEEN AA GROUPS!  WE HAVE MEETINGS ONLY FOR TEENS THAT WE AS ADULTS STARTED!    NO ADULTS ARE ALLOWED AND DO NOT GO IN DRUNK!!!  I AM NOT JUDGING YOU I SPEAK FROM EXPERIENCE!!!   LIVER DAMAGE AND LOSS OF TEETH WILL HAPPEN!!  MAYBE THIS CALL FROM THE POLICE WILL HELP YOU!!!  LOOK UP DAMAGES OF ALCOHOL ABUSE AND YOU WILL UNDERSTAND!  I HOPE I HELPED AND I WENT TO TREATMENT AND SEEN SCARY RESULTS OF WHAT PEOPLE DO TO THEMSELVES!!  ALA-TEEN CAN HELP!!

Answer 15

Yep.

Answer 16

I was at a rather large party and the cops were called on us for being too loud, the cop just came to the door and told us to quiet down. About an hour later the cops were back and all looking through the house, a girl had gotten alcohol poisoning and was in an ambulance outside that her friend had called. They knew there was drinking and minors the first time, but there was no violence or obvious usage in the door. But when the girl was hurt, they all just piled in the house, like 8 of them.

Answer 17

Officers are smart, they can ask to come in, and usually people are stupid and think if they say no that it looks guilty, so they say yes and the officer will find incriminating evidence.  Also if they have reasonable suspicion that underage drinking is going on, if they see people, or hear people, or whatever reasonable evidence is, they can come in, I believe.