Entering a household

This incident happened in Seaside Heights, New Jersey

First; Noise Complaints:

If there is a noise complaint, what are the procedure a police officer must follow?

Can the police just enter the house. after you answer the door. if there is a noise complain without permission?
The reasoning they gave on this incident is they saw people upstairs from outside and they saw a keg? so they decided to enter, they suspected underage drinking.


Second; Drug possession?

If a police officer seeing a marjuana smoking device at a party and then asks who's it is and the person gives a name and a location, what are the police allowed to do? if that enough to enter the house and question the indiviudal?

If the police ask the accused person from above if the "pipe" is his and said that they were told it was and know it is...then he says yes...can they arresst him?

So he is arrested...i thought before they questioned him about something that can arrest him they had to read him his miranda rights?


Thank you so much for your help. I am looking for the book on procedures in New Jersey that police must abide by and are giving at the academy. In particular given to Class I and II's. Thank you for your help I am willing to pay for the book

[sparky1171]

it's called probable cause,if they assume something illeagal is taking place they have the right to search or enter a premises,thats california law n e way i am assuming its the same in n.j.

Are police aloud to enter simply because of a noise complaint?

[stealth2]

If they're a knockin' and noone's answerin' and they can see someone in the house - you betcha, dude.

[JETX]

Originally Posted by freefly626

Can the police just enter the house. after you answer the door. if there is a noise complain without permission?

Depends on EXACTLY what happens at the door. If the police feel that you are not being responsive in answering or allowing them to investigate the noise complaint, then yes, they can enter as a part of the complaint.

The reasoning they gave on this incident is they saw people upstairs from outside and they saw a keg? so they decided to enter, they suspected underage drinking.

If, upon arriving at the scene, the officers witness a possible violation, they have 'probable cause' to investigate that possible violation. Example: If arriving on scene for a noise complaint, a person opens the door and the officers see a suspect with a gun in his hand, then yes, they can enter to investigate/apprehend the person with the gun. In this case, if they see/witness a keg with possible underage drinking, yes.

If a police officer seeing a marjuana smoking device at a party and then asks who's it is and the person gives a name and a location, what are the police allowed to do? if that enough to enter the house and question the indiviudal?

Same as the above. If the officers witness the violation (possession of drug paraphenalia), they have the right (and OBLIGATION) to investigate.

If the police ask the accused person from above if the "pipe" is his and said that they were told it was and know it is...then he says yes...can they arresst him?

DOH!! Yes!!

So he is arrested...i thought before they questioned him about something that can arrest him they had to read him his miranda rights?

Too much television. The officers only have to mirandize if they are going to question/interrogate the person.

What I meant was with the drug charge is this:

THe police were at a different house and found a pipe there...the person they accused of having it told them it was not her's and was someone elses and where he is. So they went there and todl him they know the pipe is his and he is going to jail, they will be leniant if he tells the truth, so he said it was his. I know, the kid is retarded i flipped out on him. so, is that questioning him, therefore needed his rights read to him, or not?

[JETX]

Possibly. The issue of failure to mirandize is something that his defense attorney will very likely raise.

[CdwJava]

Originally Posted by freefly626

What I meant was with the drug charge is this:

THe police were at a different house and found a pipe there...the person they accused of having it told them it was not her's and was someone elses and where he is. So they went there and todl him they know the pipe is his and he is going to jail, they will be leniant if he tells the truth, so he said it was his. I know, the kid is retarded i flipped out on him. so, is that questioning him, therefore needed his rights read to him, or not?

Miranda also requires custody when being questioned. If he was not under arrest, then Miranda would not likely apply. However, his attorney might be able to argue that the situation was the equivalent of an arrest ... but, that's a long shot.

- Carl