What can the police do if you are having a house party, there are people underage (and drinking), and...

Question

...someone called it in?

I was recently at a party, and, while I know that you don't have to allow the police to enter the premises without a signed warrant, I was a little confused as to what they could actually do. They threatened a $100 ticket per every underage person if the people who were underage did not drive home. I thought this was a little ridiculous, seeing as how those people had been drinking, and were not anywhere near able to drive themselves home. We offered to stop everything and just go to sleep, so long as no one had to drive home (we didn't want any accidents), but no go.

There was also only thirty of us, and we weren't making THAT much noise. The cops also came into the house without any permission or anything like that (and were immediately told to please get out).

I guess my question is, what are our rights when it comes to the cops knocking on our door due to a noise complaint/evidence of underage drinking.

PS-I'm in California, I don't know if that matters or not, but I figured I'd mention it.

Answer 1

If they got a noise complaint, they would knock on the door.  Once the door opened, they could enter the residence as if invited in.  Court cases have ruled that opening the door is an invitation.

Once inside the residence they could only enforce violations that they saw.  If someone was obviously under the age and had a drink in their hands, then game on.  One violation means more.  Reasonable suspicion just became probable cause.

I would say that, based on what they can do and did do in your statement, the police were lienient.  

Answer 2

They do not have to have a warrant if they have "reasonable suspicion"(at least where I live). Recently a woman in my city was allowing her underage sons to have their friends over and get drunk at her house. She was caught and now her and her husband are in jail for 20 years and her sons who were under 18 were put into foster care. You are lucky they only wanted to fine you.

They can't require that you "drive" home drunk, but they can require you to call a cab for every person at the expense of the the drunk individuals expense or your expense. My county is a "dry county" so if you have underage people on the premises here and there is alcohol available you are busted.

Answer 3

All they need is probable cause to enter the property.  The whole making the underage drunks drive home makes no sense though!  They probably told you to make sure they got home, but it either got lost in the conversation or you where looped and have no real idea what they said!  

Answer 4

If there was not the owner or renter there who is of legal age then they can come in.  Minors can usually drink (not to excess or in public) if parents are present. Nothing would have stood up in court except a public nuiscance charge or disturbing the peace.  They were probably counting on your ignorance of the law and scare everyone into leaving and shut the party down.

Answer 5

You lucked out.The cops were either stupid or being nice to you.

A cop needs a warrant to enter a home unless he feels a life may be in jeopardy. Then he can come in and has every right. The cops were being nice to you guys-and risking their own badges. If later a 14 yr old girl showed up drunk and claiming rape at the local ER and it was proved the cops were at the house-they could kiss their retirement good-bye.

I would have gone in and taken everyone out-the parents would have been charged with giving alcohol to minors, contributing, and every a few others. Every person 18 and over would have faced the same charges and everyone under 21 with alcohol on their breath would also have a court date-anything else that turned up-underage smokers-weed-drugs, or kids who were dancing too close would also show up in my report that would immediately be handed over to CPS.

You guys could have been in court for the next five years and had the equivalent of a CPS open house/police state. You'd never get a thank you note from any of your guests and no one would attend any future parties The parents there and all the guests would also become instant celebrities with a nice front page story. Usually news stories help motivate CPS.

Answer 6

Wow. Those parents are stupid as h**l. But to answer your original question, if the police can see the alcohol, they will ask for somebody who owns the property. When they get hold of them, if they're over 21 they'd be cited, if they were under, same. The rest of them, they can decide what they want to do on a person by person basis.