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teenage drinking parties

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Nedved

Junior Member
What is the name of your state? Massachusetts

If I am having a party with alcohol at my house, and someone anonymously calls the cops and tips them off, can they come into my home without a warrant?What is the name of your state?
 


Just Blue

Senior Member
What is the name of your state? Massachusetts

If I am having a party with alcohol at my house, and someone anonymously calls the cops and tips them off, can they come into my home without a warrant?What is the name of your state?
Yes!

BTW: STOP posting on old, dead threads! If the post is more than 30 days old leave it alone!
 

tranquility

Senior Member
Simply having an informant telling the police of a crime being committed cannot give more than probable cause. The police need more than probable cause to enter a residence.

Entering a residence is presumptively unreasonable. The police need a warrant or probable cause with exigent circumstances or consent.
 

Shay-Pari'e

Senior Member
Simply having an informant telling the police of a crime being committed cannot give more than probable cause. The police need more than probable cause to enter a residence.

Entering a residence is presumptively unreasonable. The police need a warrant or probable cause with exigent circumstances or consent.

I think it is called probable cause. :rolleyes:
 

Just Blue

Senior Member
Simply having an informant telling the police of a crime being committed cannot give more than probable cause. The police need more than probable cause to enter a residence.

Entering a residence is presumptively unreasonable. The police need a warrant or probable cause with exigent circumstances or consent.
Yeah...Like showing up at the house, hearing loud music, knocking on the door, and the underage person opening it smells like a Bud!;)
 

Shay-Pari'e

Senior Member
What is the name of your state? Massachusetts

If I am having a party with alcohol at my house, and someone anonymously calls the cops and tips them off, can they come into my home without a warrant?What is the name of your state?


Yes, they can! The neighbors call the police and let them know that some idiot teenager is having a huge party. The kids at the party are throwing beer cans over said callers fence.

They then tell the police that they are good friends of your parents, (Who are out of town), and they know you are a minor.

Do the math last poster.
 

Just Blue

Senior Member
What is the name of your state? Massachusetts

If I am having a party with alcohol at my house, and someone anonymously calls the cops and tips them off, can they come into my home without a warrant?What is the name of your state?


Yes, they can! The neighbors call the police and let them know that some idiot teenager is having a huge party. The kids at the party are throwing beer cans over said callers fence.

They then tell the police that they are good friends of your parents, (Who are out of town), and they know you are a minor.

Do the math last poster.

Massachusetts is VERY HARSH on underaged drinking....If he gets arrested he will loose his license for 2 or 3 YEARS, plus the criminal issues that come with the arrest...
 

Just Blue

Senior Member
Massachusetts is VERY HARSH on underaged drinking....If he gets arrested he will loose his license for 2 or 3 YEARS, plus the criminal issues that come with the arrest...

The kid could be 13 for all we know, and honestly, I think the kid is just a troll.
he's in the 10th grade...figure heis 15....so he won't be able to get his license until he is 21 if he get's cought having his stupid party.....
 

tranquility

Senior Member
Probable cause is insufficent. The police must have probable cause and exigent circumstances.

Could there be other facts which could change my answer? Sure. But, let's start putting out those facts rather than spouting rubbish.
 

CdwJava

Senior Member
Underage drinking is likely to allow for exigent circumstances. In CA such a thing (party with evidence of minors consuming alcohol) will almost always result in an exigency under any number of possible avenues. Whether it would in MA or not, I can't say. If I had to guess, I'd say that evidence of underage alcohol consumption along with a loud party would, indeed, be sufficient.

Now, if they were sitting quietly inside, no loud music and no reason to believe any minors are is drinking or otherwise in danger, then the cops aren't going to be able to use an anonymous call for diddly.

- Carl
 

Just Blue

Senior Member
Underage drinking is likely to allow for exigent circumstances. In CA such a thing (party with evidence of minors consuming alcohol) will almost always result in an exigency under any number of possible avenues. Whether it would in MA or not, I can't say. If I had to guess, I'd say that evidence of underage alcohol consumption along with a loud party would, indeed, be sufficient.

Now, if they were sitting quietly inside, no loud music and no reason to believe any minors are is drinking or otherwise in danger, then the cops aren't going to be able to use an anonymous call for diddly.

- Carl
Same in Massachusetts. ;)

Of course I wouldn't want to be accused of spouting rubbish...I have only lived here for 40 years...:rolleyes:
 

tranquility

Senior Member
Perhaps you should review, Cruikshank v. City of Sausalito, No. A103215 (Cal.App. Dist.1 03/08/2004) . While an unreported case in California's district 1, and as such is not the law, the discussion is relevant. In this case in facts similar to what Carl proposes, the police were given qualified immunity when they went through a late-at-night loud party house with one officer asking if there were underage drinkers about. The court distinguished exigent circumstances and community caretaking functions and allowed QI based on the latter.

The police were not civilly liable because their purpose on entering was not to to investigate criminal matters and the contours of community caretaking function was not sufficent to allow a reasonable officer to know what he was doing was wrong. Not that it wasn't wrong--just that is wasn't so wrong so as to give rise to liability.
 

lealea1005

Senior Member
In addition to the kids getting in trouble, can't the owner's of the house also be held liable even if they didn't know their little angel was serving alcohol to his underaged friends?
 

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