Can a cop look in windows?

[a2427]

A few nights ago some cops showed up at a party for a noise complaint. They came in the house wanting to see IDs and have everyone take breathalyzer tests because they looked through a window and saw a few girls that looked underage. Underage or not, can they do this?

 

[Antigone*]

A few nights ago some cops showed up at a party for a noise complaint. They came in the house wanting to see IDs and have everyone take breathalyzer tests because they looked through a window and saw a few girls that looked underage. Underage or not, can they do this?

Sure, they can. You let them in, didn't you?

 

[justalayman]

where were the windows in relation to the entrance to the property and door to the house?

 

[a2427]

I mean can they look in the windows and demand to come in when they had no proof anyone was underage? (No one was...) Someone told the cops they could not come in without a warrant, the cop asked him for ID and put him in handcuffs for obstruction of justice. They were looking over a fence in the backyard through the back door.

 

[Banned_Princess]

I mean can they look in the windows and demand to come in when they had no proof anyone was underage? (No one was...) Someone told the cops they could not come in without a warrant, the cop asked him for ID and put him in handcuffs for obstruction of justice. They were looking over a fence in the backyard through the back door.

First of all, we only answer questions based in the US. You ignored the question (US LAW ONLY WHAT IS YOUR STATE)

Answer that before we proceed.

Thank you.

 

[a2427]

Sorry, I am in Utah.

 

[BOR]

I mean can they look in the windows and demand to come in when they had no proof anyone was underage? (No one was...) Someone told the cops they could not come in without a warrant, the cop asked him for ID and put him in handcuffs for obstruction of justice. They were looking over a fence in the backyard through the back door.

If they were there pursuant to a complaint then looking in a window is not a search.

Next we address the entry, IF entry was given pursuant to an order or show of authority, even if resisted by you, then this may come into question if it was a consensual entry or not, your attorney will be able to sort out state case law.


IF you resisted, and they came in regardless, then the question is, was the warrantless entry valid?? It is possible it was, yes, as if alleged underage persons were on the premises, it could present a warrant time frame issue and approval. Alcohol poisioning by minors can happen sometimes quickly before action can be taken by the police, courts will then look to see if the emergency/exigency bypass of a warrant was appropriate.

 

[Zigner]

I'm curious - did anyone get in any sort of trouble based on this incident?

 

[tranquility]

The Utah Supreme Court doesn't think so. Even if the police happen to see a fight taking place.

I'd give a cite, but sense a clever way to ask a homework question.

 

[Mass_Shyster]

I mean can they look in the windows and demand to come in when they had no proof anyone was underage? (No one was...) Someone told the cops they could not come in without a warrant, the cop asked him for ID and put him in handcuffs for obstruction of justice. They were looking over a fence in the backyard through the back door.

If, as you've written, the police entered the premises illegally, and illegally handcuffed someone for refusing to consent to a search, someone has a civil claim against the police, and a good chance to have any evidence suppressed.

However, I suspect the story as told by the police is vastly different, or at least not as lacking in details.

 

[disneykid52]

my dads house had 1 way windows,,,,loved em

 

[Zigner]

my dads house had 1 way windows,,,,loved em

Yeah, they're great...when installed properly!

 

[HomeGuru]

Yeah, they're great...when installed properly!

**A: yeah, the right way.

 

[You Are Guilty]

The Utah Supreme Court doesn't think so. Even if the police happen to see a fight taking place.

I'd give a cite, but sense a clever way to ask a homework question.

Smells like ConLaw to me too. US v. Dunn, anyone?