Underage drinking

[momsworried]

What is the name of your state? PA

My Son is a college student who is renting an off campus house with 3 tohter guys. Two of them are 21 or older the other two are 20. Evidently someone called the police that there was underage drinking going on in the house. There were several "guests".

1. Are the 21 year olds totally responsible??
2. The Police entered the home and got one of the occupants out of bed. Was this legal?
3. Did the police have the right to enter the premises?

Thanks

 

[CdwJava]

1. Are the 21 year olds totally responsible??

That depends ... responsible for what? They may face additional offenses for providing alcohol or permitting the drinking, but their actions do not absolve the underage folks of their criminal liability.

2. The Police entered the home and got one of the occupants out of bed. Was this legal?

Probably. But it depends on all the facts and details.

3. Did the police have the right to enter the premises?

Maybe. Most likely, yes. Again, it depends on all the details.

Entry is a very fact specific situation. Without a warrant, law enforcement can enter if they can articulate an exigency (i.e. an emergency), have consent, or if a resident has search conditions on their probation or parole. One exigency that often comes into play in situations like this is that the officers view underage folks drinking ... this can give good cause to make entry to check on the welfare of other underage drinkers, make arrestst for crimes being committed in their presence, etc. Without all the details, there is no way to say what happened and how legal it was.

The lads involved need to consult local attorneys.

- Carl