I am writing this on behalf of my friend's younger brother who recently found himself in this situation. After hearing it, I am really unsure of the legality, but I would assume either way it isn't a major offense and police do it all the time.
The Story:
My friend's brother (we'll call him Chris) is a 16 year old at a party with underage drinking. The police found out one way or another, and upon their arrival most of the guests fled out the back door into some woods or the surrounding neighborhood. The host and a few other guests who could not escape in time immediately locked the doors, shut off the lights, and closed the blinds as to prevent anything from being in view for probable cause.
Chris was one of the people who fled out the back door. However, unsure of where to go, he chose to remain in the back of the property. Shortly after, a police officer came to the back of the house. He took down Chris' information, and asked him questions regarding how he arrived at the premises, what he had had to drink, and what was occuring in the house.
Chris had not consumed any alcohol, so the officer did not breathilize him. However, he then asked Chris to open the back door (not knowing it was locked). Chris politely refused, and then the officer said something along the lines of, "Open the door or I'm taking you in to the station for being on this property." Chris complied, but of course the back door was locked so they had no way of getting in. After 45 minutes or so, the police eventually left.
What I find questionable in this case is the conduct of the policeman who spoke to Chris. Presumably, without probable cause, the officer trying to open the door himself would be considered trespassing and not stand in court for the underage drinking charges etc. However, the subtle "threat" he made to Chris about opening the door or getting arrested did not seem legal to me. I realize given the situation arguing this conduct might be considered silly, but I am very curious to know whether this action is allowed. Thanks in advance for your help.
The Story:
My friend's brother (we'll call him Chris) is a 16 year old at a party with underage drinking. The police found out one way or another, and upon their arrival most of the guests fled out the back door into some woods or the surrounding neighborhood. The host and a few other guests who could not escape in time immediately locked the doors, shut off the lights, and closed the blinds as to prevent anything from being in view for probable cause.
Chris was one of the people who fled out the back door. However, unsure of where to go, he chose to remain in the back of the property. Shortly after, a police officer came to the back of the house. He took down Chris' information, and asked him questions regarding how he arrived at the premises, what he had had to drink, and what was occuring in the house.
Chris had not consumed any alcohol, so the officer did not breathilize him. However, he then asked Chris to open the back door (not knowing it was locked). Chris politely refused, and then the officer said something along the lines of, "Open the door or I'm taking you in to the station for being on this property." Chris complied, but of course the back door was locked so they had no way of getting in. After 45 minutes or so, the police eventually left.
What I find questionable in this case is the conduct of the policeman who spoke to Chris. Presumably, without probable cause, the officer trying to open the door himself would be considered trespassing and not stand in court for the underage drinking charges etc. However, the subtle "threat" he made to Chris about opening the door or getting arrested did not seem legal to me. I realize given the situation arguing this conduct might be considered silly, but I am very curious to know whether this action is allowed. Thanks in advance for your help.
