illegal entry into home

[samalynnaaron]

What is the name of your state? wisconsin
I was at a party where 6 people, including me, were issued underage drinking tickets. that is, 6 people out of the 33 that were there were underage, and 20 years old at that, just months from 21. An undercover police officer came to the door and asked, "Is there anyone by the name of Jim here, he said there was a party going on." the home owner told the man to wait there and that she'd be right back. The officer then said, "it's cold outside can i wait inside?" she said "sure, but stay right there." She went to the top of the basement steps to yell for her son to ask him if there was a Jim there. In the meantime, the undercover police officer proceeded to the back door and let in 7 officers in uniform. They did not ask if they could check the rest of the house, or if they could enter, they simply asked for everyone's ID and then went to the basement where I along with a few others were, inside another room with a closed door. My question is firstly.... does the undercover cop have authorization to enter the dwelling without identifying himself as a police officer and then proceed to act as a police officer, and does he have authority to let the other officers in as well? Secondly.....Without consent, probable cause, etc... was the search legal, and based on this, would my ticket be dropped, if i hire a lawyer to represent me?

[BelizeBreeze]

Originally Posted by samalynnaaron

What is the name of your state? wisconsin
I was at a party where 6 people, including me, were issued underage drinking tickets. that is, 6 people out of the 33 that were there were underage, and 20 years old at that, just months from 21. An undercover police officer came to the door and asked, "Is there anyone by the name of Jim here, he said there was a party going on." the home owner told the man to wait there and that she'd be right back. The officer then said, "it's cold outside can i wait inside?" she said "sure, but stay right there." She went to the top of the basement steps to yell for her son to ask him if there was a Jim there. In the meantime, the undercover police officer proceeded to the back door and let in 7 officers in uniform. They did not ask if they could check the rest of the house, or if they could enter, they simply asked for everyone's ID and then went to the basement where I along with a few others were, inside another room with a closed door.

o.k.

My question is firstly.... does the undercover cop have authorization to enter the dwelling without identifying himself as a police officer and then proceed to act as a police officer,

he was allowed to enter. end of discussion.

and does he have authority to let the other officers in as well?

That is a question for the court to decide as you have not given enough facts on which to base an opinion.

Secondly.....Without consent, probable cause, etc... was the search legal,

Again, we don't know what the officer saw nor do we know the facts of the search.

and based on this, would my ticket be dropped, if i hire a lawyer to represent me?

that is a question for your attorney and the eventual ruling on the search.