Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-16-2005, 12:11 AM
Junior Member
 
Join Date: Feb 2005
Posts: 8

Underage Drinking In Plain View But Behind Locked Doors


What is the name of your state?Pennsylvania

I am 19 years old and my friends and I have had a few run-ins with the cops and we are hoping to avoid any others.. We were just wondering if we were drinking, and the cops could see it in plain view, can they do anything? I heard they need a warrant, but what if they don't have one and the doors are locked and we don't answer them? Can they bust down the door to get in?

Thanks,
Matt
  #2  
Old 02-16-2005, 09:10 AM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 19,150
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
If it is a crime for minors to drink in your state, and the cops see it, then they are seeing a crime in progress and this is usually an exception to the warrant requirement.

Of course, if you want to play real tough with it, they can always pursue charges against the person that owns or controls the property for permitting underage drinking. So I hope that the tenant is willing to take one for the team.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

And, lo, the angel of the Lord came upon them, and the glory of the Lord shone round about them: and they were sore afraid.

And the angel said unto them, Fear not: for, behold, I bring you good tidings of great joy, which shall be to all people.

For unto you is born this day in the city of David a Saviour, which is Christ the Lord.
Luke 2:9-11 KJ
  #3  
Old 02-16-2005, 02:58 PM
Junior Member
 
Join Date: Feb 2005
Posts: 8
What if we dont answer the door when they come? Can they still enter the house? I doubt they are going to like kick in a door for a person holding a beer.. but I dont know much about our rights.. or theirs for that matter..
  #4  
Old 02-16-2005, 03:10 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,795
Quote:
Originally Posted by traves012
What if we dont answer the door when they come? Can they still enter the house? I doubt they are going to like kick in a door for a person holding a beer.. but I dont know much about our rights.. or theirs for that matter..

**A: Ok, the next time you have a party call the cops and say that you are holding beers and are under age. See what the cops do.
  #5  
Old 02-16-2005, 03:15 PM
Junior Member
 
Join Date: Feb 2005
Posts: 8
Well come on now that's just silly.. Can they enter if the door is locked and no one answers it?
  #6  
Old 02-16-2005, 03:16 PM
seniorjudge
Guest
 
Posts: n/a
Q: We were just wondering if we were drinking, and the cops could see it in plain view, can they do anything?
A: Yes, they can arrest you.

Q: I heard they need a warrant, but what if they don't have one and the doors are locked and we don't answer them?
A: They can bust down the door to get in.

Q: Can they bust down the door to get in?
A: Yes.

Q: What if we dont answer the door when they come?
A: They can bust down the door to get in.

Q: Can they still enter the house?
A: They can bust down the door to get in.
  #7  
Old 02-16-2005, 03:19 PM
Junior Member
 
Join Date: Feb 2005
Posts: 8
IM so sorry to keep bothering with this..but in your honest opinion do you think the cops will bust down the door in a small town for people who are all about 20 yrs. old that they see drinking?
  #8  
Old 02-16-2005, 03:22 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951

well


Quote:
Originally Posted by traves012
IM so sorry to keep bothering with this..but in your honest opinion do you think the cops will bust down the door in a small town for people who are all about 20 yrs. old that they see drinking?
I say it depends on how badly he or she wants a beer...


(sorry Carl)
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.

Last edited by ENASNI; 02-16-2005 at 03:22 PM. Reason: pc
  #9  
Old 02-16-2005, 03:25 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 19,150
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by traves012
IM so sorry to keep bothering with this..but in your honest opinion do you think the cops will bust down the door in a small town for people who are all about 20 yrs. old that they see drinking?
I can answer that one - as I work in a small town!

No, we probably wouldn't kick the door down. But! We would file charges with the DA, we would file charges against the tenant, we would notify the property owner that his property is being used for illegal activity and possibly subject to abatement if it continues, and we just might decide to force the door down anyway.

Bottom line, if you are going to have little underage drinking parties, do it behind closed doors and windows, keep everyone inside (it's bad news to have 19 and 20 year old drunks stumbling from your house), and keep the people to a handful of close friends. Large groups attract attention when they get noisy, stupid, and tell the world where they get ripped in Friday nights.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

And, lo, the angel of the Lord came upon them, and the glory of the Lord shone round about them: and they were sore afraid.

And the angel said unto them, Fear not: for, behold, I bring you good tidings of great joy, which shall be to all people.

For unto you is born this day in the city of David a Saviour, which is Christ the Lord.
Luke 2:9-11 KJ
  #10  
Old 02-16-2005, 03:32 PM
seniorjudge
Guest
 
Posts: n/a
Q: but in your honest opinion do you think the cops will bust down the door in a small town for people who are all about 20 yrs. old that they see drinking?
A: Yes, if they see doughnuts.

Really (Carl, turn your head) I did lots of underaged drinking and I NEVER got caught because I was very, VERY careful. (Carl, turn your head back.)
  #11  
Old 02-16-2005, 03:32 PM
Junior Member
 
Join Date: Feb 2005
Posts: 8
Hey thanks for the help..We try to keep it to only a few people..but then everyone and their cousin shows up..and it gets rowdy.. We will just have to hope the cops dont even show up..
  #12  
Old 02-16-2005, 03:37 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 19,150
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by ENASNI
I say it depends on how badly he or she wants a beer...


(sorry Carl)
If its a warm day, the odds go up.

Seriously, though, we probably are not going to kick doors down. But in a small town, its almost a guarantee that SOMEONE will call about all the underage drinking that is going on. That will require the police to eventually act on it.

If they are just driving by, unless they really want to find a reason to go in and talk to someone of interest, they probably aren't going to waste any time with it.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

And, lo, the angel of the Lord came upon them, and the glory of the Lord shone round about them: and they were sore afraid.

And the angel said unto them, Fear not: for, behold, I bring you good tidings of great joy, which shall be to all people.

For unto you is born this day in the city of David a Saviour, which is Christ the Lord.
Luke 2:9-11 KJ
  #13  
Old 02-16-2005, 03:43 PM
seniorjudge
Guest
 
Posts: n/a
Quote:
Originally Posted by traves012
Hey thanks for the help..We try to keep it to only a few people..but then everyone and their cousin shows up..and it gets rowdy.. We will just have to hope the cops dont even show up..
Tell the cousins and their dogs to stay home and watch Dukes of Hazzard. In fact, they should videotape and just watch the parts with Daisy...or watch Daisy's parts...whatever.
  #14  
Old 02-18-2005, 03:31 AM
Member
 
Join Date: Mar 2003
Location: Oregon
Posts: 172
Send a message via AIM to TomHartmann Send a message via Yahoo to TomHartmann

All states


Quote:
Originally Posted by CdwJava
If it is a crime for minors to drink in your state, and the cops see it, then they are seeing a crime in progress and this is usually an exception to the warrant requirement.

Of course, if you want to play real tough with it, they can always pursue charges against the person that owns or controls the property for permitting underage drinking. So I hope that the tenant is willing to take one for the team.

- Carl
Carl,
No offense, but are you saying that there is a state or two that allowed drinkings for under 21 years old? In fact, I though all of 50 states's requirements are 21 years or above? The reason why I asked you because you said "IF it is a crime for minors to drink in your state.."

- Tom
  #15  
Old 02-18-2005, 05:48 AM
OhBullship
Guest
 
Posts: n/a
Is the drinking age 18 in Louisiana?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:34 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.