Can cops enter your home without a warrant?

Question

The other night I was having a small gathering of about 15 people while my parents were out of town. Everyone was underage and drinking. Upstairs, one of my friends was playing the drums (very stupid). I was in another room when I walked out and saw a officer standing there on the third floor of my house! I was clearly drunk and he began asking everyone for id and taking names. He said because the door was unlocked he was able to come in. Is this true? I want to make sure my rights were not abused and that I was just an idiot leaving the door unlocked. Thanks.

Answer 1

Hmm, underage and drinking, legal residents of authority out of town, and a case of public nuisance going on.  Whether someone let him in, or with all the noise, nobody answering the door, either way he had the legal authority to enter.  Yes, your last opinion is true, although not for leaving hte door unlocked.  Had it been necessary to force entry, probably everyone would have been arrested, rather than just ID'ed.

Answer 2

Police are not allowed to come in your home with some exceptions. They can enter if there is exigent circumstances, in other words if there is reason to believe that someone could be in danger. There are other exceptions but this is probably the one that they used to justify the intrusion.

Answer 3

As I understand , they may enter if they think a crime is taking place . Underage drinking is a crime.

Plus , all they have to do is say they thought they smelled pot.

Answer 4

He does not need a warrant if the acts are in plan view.  So if he came to your house about a noise complaint, he opened the unlocked door, looked in and saw underage drinking.  Then he can come in because the act is now in his plain view.  If the door was lock and he could not see through the windows, then he would have needed a warrant.

Answer 5

Yep, probable cause, drunk, disorderly, underage. Somebody called them and complained.

Answer 6

Yes they can. If the cop had a clear idea that something illegal was going on in the house then he has the right to enter your home. If there was no one home, just you sitting in there then he would need a warrant to enter your home. But if the cop was able to see something was going on then he has legal rights to enter your home.

Answer 7

h**l no those pigs  they cant come in like that but knowing them they will play this card.they will provably will say some one called disturbing the piece on ya,so they had to come check the place out and since no one open the door they thought there was something wrong.so they walked right in and thats when they caught ya drinking under age.

Answer 8

if the cop was responding to a noise complaint and the doors are open, he has the right to enter for his investigation especially if he seen that there was beer and people that were under aged present in the room.  this does not require a warrant.

Answer 9

It is called probable cause, he smelled/saw/heard something illegal he can enter.

Answer 10

Yes they can enter without a warrant IF they suspect any wrongdoings against the law, as was in your case. An open unlocked door with underage drinking.

Answer 11

yes, its called exigent circumstances.

Answer 12

i always thought they had to have a warrent or be invited in.  but they have ways to get around this if they want to.

Answer 13

Soon as they smell the marijuana they don't need a warrant. Plus playing drums loudly after 11pm may constitute a felony in some jurisdictions which also may preclude the cops from getting a warrant. I would contact the ACLU, they love to take these cases on for free.