While investigating a loud music complaint, can police enter an attached garage?

[Boogvalk]

What is the name of your state (only U.S. law)? Ohio

I'm 19 and live with my parents. I had 3 friends come over (ages 18, 16 and 13) and at approx. 1:00 am, while my parents were sleeping upstairs, the 4 of us were in the attached garage playing cards and listening to music. All of the sudden, the garage door is opened (an entry door, not a big overhead door) and a police officer steps in while shining a flashlight at us and announcing that he is a police officer. We're all completely surprised and stunned by his presence and entry. The officer says they got a complaint about the noise. He says he knocked on the door but did not get a response. None of us ever heard anyone knocking - presumably because of the loud music. While talking to us, he could see and smell that no one was drinking alcohol, smoking pot or openly doing anything else that was illegal. He warned us to keep the music down and left.
There is no curfew in our area. There is normally 2 cars parked in our driveway, this night there was 3. People were not continually going in and out - no one but the 4 of us had been there that night. There are no windows in that part of the attached garage that the officer could have looked through. There is no history of this kind of call or any other kind of police calls to our home.
Was it legal for him to open the door and enter? If the door was locked, could he have legally forced entry? If what he did was illegal, what can or should I do about it? I realize a complaint about his actions would probably result in me receiving a citation for having the music turned up too loud.
Thanks!

 

[quincy]

What is the name of your state (only U.S. law)? Ohio

I'm 19 and live with my parents. I had 3 friends come over (ages 18, 16 and 13) and at approx. 1:00 am, while my parents were sleeping upstairs, the 4 of us were in the attached garage playing cards and listening to music. All of the sudden, the garage door is opened (an entry door, not a big overhead door) and a police officer steps in while shining a flashlight at us and announcing that he is a police officer. We're all completely surprised and stunned by his presence and entry. The officer says they got a complaint about the noise. He says he knocked on the door but did not get a response. None of us ever heard anyone knocking - presumably because of the loud music. While talking to us, he could see and smell that no one was drinking alcohol, smoking pot or openly doing anything else that was illegal. He warned us to keep the music down and left.
There is no curfew in our area. There is normally 2 cars parked in our driveway, this night there was 3. People were not continually going in and out - no one but the 4 of us had been there that night. There are no windows in that part of the attached garage that the officer could have looked through. There is no history of this kind of call or any other kind of police calls to our home.
Was it legal for him to open the door and enter? If the door was locked, could he have legally forced entry? If what he did was illegal, what can or should I do about it? I realize a complaint about his actions would probably result in me receiving a citation for having the music turned up too loud.
Thanks!

Is there a chance that your parents could have made the call to the police, perhaps because they were unable to sleep upstairs because of the loud music?

 

[anearthw]

You can certainly file a complaint if you wish.

Likewise, please explain - do you think it is reasonable that neighbors must spend the evening awake to your loud noise because you won't answer the door? Do you think a warrant is required for every time an officer attempts to contact a homeowner/resident who is disturbing the public.

I too wonder how a parent sleeps knowing their adult child is entertaining a 13 yo at 1am?

 

[tranquility]

Absent a warrant, the police can enter a residence (the attached garage would be a residence) with consent or probable cause combined with exigent circumstances. If the parents did not consent, it is unlikely there could be an articulation of exigent circumstances in a loud music-type of situation as described.

I would say it is likely the opening of the garage door was in violation of the 4th amendment. However, that and a dollar will get you a coffee refill at 7-11.

 

[Boogvalk]

Is there a chance that your parents could have made the call to the police, perhaps because they were unable to sleep upstairs because of the loud music?

Quincy - My parents did not call the police. They slept thru the whole incident and of course would have asked me to turn the music down had it awakened them.

Anearthw - My parents will be filing a complaint, as it was their home that was illegally entered by someone that is supposed to enforce laws.
I don't think it's reasonable for my neighbors to be kept awake by my loud music. I didn't realize they could hear the music and as I said before, I didn't hear anyone knocking or of course I would have opened the door. And finally, my parents were able to sleep while I entertained the 13 yr old (and 2 other friends) because he is a friend of the family that they know well and he is always welcome in our home.

Tranquility - I don't drink coffee but hopefully a complaint will get some kind of letter of reprimand placed in the officer's file. Or at least his boss should tell him how to properly and legally respond to future loud music complaints.

Thanks for the replies lol