Can the cops do anything?

[brodych]

What is the name of your state (only U.S. law)? CA
In the weekend some cops came and knocked on the door of my parents house, I was there with some friends. We didn't answer the door. They kept knocking on the door, then walked around the house, knocked at the back, said "we know you're having a party in there". We still didn't answer the door. Eventually they left. They went and talked to a neighbor - I guess they'd called or something?, then they left.
They came back on Monday and told my parents "there WAS" a party and "kids WERE drinking" - if they were so sure of that, why would they just leave on Saturday? They wanted to ask me questions and I said that I didn't want to answer them.
They told me that they can still charge me with offenses related to underage drinking. Can they based on what I just said?
If they were so sure, or if they'd seen evidence outside, wouldn't they have come back with a search warrant or something on Saturday?

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA
In the weekend some cops came and knocked on the door of my parents house, I was there with some friends. We didn't answer the door. They kept knocking on the door, then walked around the house, knocked at the back, said "we know you're having a party in there". We still didn't answer the door. Eventually they left. They went and talked to a neighbor - I guess they'd called or something?, then they left.
They came back on Monday and told my parents "there WAS" a party and "kids WERE drinking" - if they were so sure of that, why would they just leave on Saturday? They wanted to ask me questions and I said that I didn't want to answer them.
They told me that they can still charge me with offenses related to underage drinking. Can they based on what I just said?
If they were so sure, or if they'd seen evidence outside, wouldn't they have come back with a search warrant or something on Saturday?

Can they? Sure, they can try. Just because they did not immediately return doesn't mean they wouldn't have probable cause to obtain a search warrant now and execute it. (Of course, several days later, most of the evidence is probably all but gone.)

Most likely, they are using the witness testimony from your neighbors in an attempt to get you to 'fess up. The neighbors may have seen, and may be able to identify some of your guests, who, if/when questioned themselves, may give it up as well.

Most importantly, the police have informed your parents of the situation. If YOU are found to have had a party where underage drinking took place, your parents can get into some serious trouble themselves. I'd be more worried about them if I were you.

 

[brodych]

Can they? Sure, they can try. Just because they did not immediately return doesn't mean they wouldn't have probable cause to obtain a search warrant now and execute it. (Of course, several days later, most of the evidence is probably all but gone.)

Most likely, they are using the witness testimony from your neighbors in an attempt to get you to 'fess up. The neighbors may have seen, and may be able to identify some of your guests, who, if/when questioned themselves, may give it up as well.

Most importantly, the police have informed your parents of the situation. If YOU are found to have had a party where underage drinking took place, your parents can get into some serious trouble themselves. I'd be more worried about them if I were you.

The probable cause can be based just on the neighbor?

Would they really put so much effort into a suspected party with no evidence from the night the party allegedly was?

 

[CdwJava]

CAN they act on this? Sure. And if your city has a host ordinance of some kind that holds the owners or tenants of a property responsible for nuisances or underage drinking, you can still find yourself in trouble with a minimum of fuss by the officers.

Can they get a search warrant for a misdemeanor criminal offense such as underage drinking? No. (It would be prohibited by statute.)

Will they spend a lot of time on it? No.

Will they remember the 'dis' and focus on the house and on you in the future? More than likely, yes.

Underage drinking is a huge problem and responsible for a lot of death and injury, that is why the police focus on it. If they ran the license plates of cars outside they might choose to contact people that were there and those friends may be willing to dime off what was happening.

Best thing to do from this point on is not to drink until you are 21 years or older, and host no more parties at your home.

 

[brodych]

CAN they act on this? Sure. And if your city has a host ordinance of some kind that holds the owners or tenants of a property responsible for nuisances or underage drinking, you can still find yourself in trouble with a minimum of fuss by the officers.

Can they get a search warrant for a misdemeanor criminal offense such as underage drinking? No. (It would be prohibited by statute.)

Will they spend a lot of time on it? No.

Will they remember the 'dis' and focus on the house and on you in the future? More than likely, yes.

Underage drinking is a huge problem and responsible for a lot of death and injury, that is why the police focus on it. If they ran the license plates of cars outside they might choose to contact people that were there and those friends may be willing to dime off what was happening.

Best thing to do from this point on is not to drink until you are 21 years or older, and host no more parties at your home.

You'll notice that **I** have never said party. I also don't know why they said "kids WERE drinking". So how would this turn into some 'host ordinance' thing?
There were no interesting cars outside. There wasn't even any noise from the house when they were there.

 

[CdwJava]

You'll notice that **I** have never said party. I also don't know why they said "kids WERE drinking". So how would this turn into some 'host ordinance' thing?

YOU may not have used the term "party," but the cops weren't nosing around - and you weren't hiding inside - because you were playing bridge and sipping tea with your pals.

Like I said, if they choose to look into it and find that the law has been broken they CAN act on it. Chances are they're not going to put all that much effort into this, but they probably WILL remember the address and your name (if they know it) and could make a "project" out of you or your residence. So, mind your Ps and Qs.

There were no interesting cars outside. There wasn't even any noise from the house when they were there.

So, they just randomly drove by, picked your house out of all the houses on the block and decided to poke around and yell inside that they knew there was alcohol and minors. Come on! You and I BOTH know that isn't true. So, stop being the smartass and acknowledge that you got lucky. Next time you may not be so lucky. Time to grow up.

 

[brodych]

YOU may not have used the term "party," but the cops weren't nosing around - and you weren't hiding inside - because you were playing bridge and sipping tea with your pals.

Well they didn't see or hear any 'criminal activity' so I'm just wondering how anything could happen from all their 'we thinks'?

Like I said, if they choose to look into it and find that the law has been broken they CAN act on it. Chances are they're not going to put all that much effort into this, but they probably WILL remember the address and your name (if they know it) and could make a "project" out of you or your residence. So, mind your Ps and Qs.

Make a "project" because I didn't do something that I didn't have to do? What does that even mean?

So, they just randomly drove by, picked your house out of all the houses on the block and decided to poke around and yell inside that they knew there was alcohol and minors. Come on! You and I BOTH know that isn't true. So, stop being the smartass and acknowledge that you got lucky. Next time you may not be so lucky. Time to grow up.

I really don't know. I thought the neighbor maybe called but the cops never mentioned that. I have smiled and waved at the neighbor since then and he smiled and waved back so I'm not really sure about that...I only guessed because they went and talked to him. They didn't say anything the night they came about 'minors'. I dunno what happened.

 

[CdwJava]

Well they didn't see or hear any 'criminal activity' so I'm just wondering how anything could happen from all their 'we thinks'?

I can hypothesize all day as to what MIGHT come about as I have been one of those guys who has come across these situations before. But, if you want to keep on having a grand time and ignoring the law, you might want to consider the concept of karma and how it will eventually catch up to you. And, understand, you aren't the first kid who thinks he's smarter than everyone else. In fact, that's kinda standard fare for a teenager.

Make a "project" because I didn't do something that I didn't have to do? What does that even mean?

It means that they might decide to keep an extra eye on you or your place, press friends for stuff that's going on, who knows? They may not give a rat's behind about you or your parties. Or, they may have the time to address potential juvenile problems and underage drinking. Since you haven't said where your community is, I cannot guess as to how they might react. In my community we have more time to address these issues and we have a lot of sources of information among the student community. In my community we might decide to keep an eye open for the people or vehicles associated with the people or person involved. In bigger cities, they tend to not have time to deal with isolated incidents and move on without a care. Ultimately, no one can tell you what WILL happen, only what MIGHT happen. Though, odds are, they don't give a rat's tail end about you and unless you become known as an underage drinking hangout, they are likely to ignore you ... until someone gets popped for drinking there or they continue to get calls from neighbors.

Time to grow up and fly right before your luck fails. One penny-ante bust can ruin your future ... at least for a while. I have seen more than one kid's futures put on hold or torpedoes for a disorderly conduct or alcohol related beef, so think ahead. There's more to life than alcohol.

 

[TigerD]

brodych: CDW is giving you excellent insight. Rather than argue with him, you would do well to make note of what he is telling you. Based on the fact pattern you presented, he is telling you how police officers perceive it. His insight is extremely valuable. And a lot cheaper than learning it the hard way.

DC

 

[justalayman]

Kid, there are times in life you need to just shut up. Two of those times are when being questioned by the police if you are a suspect in a crime and when CDWJava is attempting to give you some advice.

While the guy is a cop, he is a pretty cool cop. He shoots straight (as I understand both literally and metaphorically) and doesn't BS people. His experience is worth much more pay than he gets here (because nobody gets paid here. He does this to benefit others so shut up and reap the benefits of his experience and wisdom)

and, if nothing else, as my parents used to tell me: respect your elders and at least appear to respect your superiors

 

[brodych]

Sorry I'm not trying to argue. I appreciate the responses.

It means that they might decide to keep an extra eye on you or your place, press friends for stuff that's going on, who knows? They may not give a rat's behind about you or your parties. Or, they may have the time to address potential juvenile problems and underage drinking. Since you haven't said where your community is, I cannot guess as to how they might react. In my community we have more time to address these issues and we have a lot of sources of information among the student community. In my community we might decide to keep an eye open for the people or vehicles associated with the people or person involved. In bigger cities, they tend to not have time to deal with isolated incidents and move on without a care. Ultimately, no one can tell you what WILL happen, only what MIGHT happen. Though, odds are, they don't give a rat's tail end about you and unless you become known as an underage drinking hangout, they are likely to ignore you ... until someone gets popped for drinking there or they continue to get calls from neighbors.

Yeah it's a bigger community (though apparently they cared enough to come back?). It's not a 'hangout'. That neighbor didn't call, we were talking, they just asked him what he'd noticed and he hadn't noticed anything. So I actually have no idea why they came...weird.

I think they were just making up what they "KNEW" on Monday, cops can do that right? Just to get someone to talk.

What is a 'penny-ante bust'?

 

[dillon45]

Sorry I'm not trying to argue. I appreciate the responses.



Yeah it's a bigger community (though apparently they cared enough to come back?). It's not a 'hangout'. That neighbor didn't call, we were talking, they just asked him what he'd noticed and he hadn't noticed anything. So I actually have no idea why they came...weird.

I think they were just making up what they "KNEW" on Monday, cops can do that right? Just to get someone to talk.

What is a 'penny-ante bust'?

First let me say if you did serve minors alcohol you should be busted. The police no doubt were called by someone and tipped that there were minors involved.

As with the asking of questions you were correct in not offering any information, they were fishing for evidence by omission .
In the future try and be more responsible because first it's the right thing to do, and secondly they will be watching.

 

[stealth2]

I'm curious - if you were NOT drinking and NOT having a party... what WERE you doing that you didn't want to tell the cops (or your parents?) about?

 

[brodych]

I'm curious - if you were NOT drinking and NOT having a party... what WERE you doing that you didn't want to tell the cops (or your parents?) about?

?

I'm sorry what kind of legal advice forum is this? Let me just put everything on the internet.

We ignored the door because it would have messed up our bridge game and our tea would have gotten cold. Weird how CDWJava was right the first time.

 

[LdiJ]

?

I'm sorry what kind of legal advice forum is this? Let me just put everything on the internet.

We ignored the door because it would have messed up our bridge game and our tea would have gotten cold. Weird how CDWJava was right the first time.

Ok, that was amusing....however, again, cops don't simply pick random houses to check. They are not allowed to do that. So...even if you were not drinking, something was going on at your house that caused the cops to check it out...maybe from something they observed, or maybe due to a call from SOMEONE.

Whatever it was that you were doing, you should probably avoid doing it again.