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  • Question about open house parties.

    If a bunch of kids under 21 throw a party at their apartment, and cops come to the door, are the kids really obligated to open the door until a warrant is produced? Also, lets say the door is open and cops enter, what punishment would be facing the residents and non-resident party goers?

    I know what the law states about situation, but Im more curious about what you, personally as a LEO would do in this situation.
    "I once killed a man in Reno, just to watch him die..."

  • #2
    people are going to party. i cant stop them all. if i find a group of kids partying tonight there are 20 groups i missed and the first one is partying somewhere else the next night. i just dont care. i have bigger fish to fry. if i write tickets to partying kids the parents gripe about us not letting kids be kids. then when im standing on the road waiting for a wrecker to get the car off of their bodies everyone wants to knowwhy i didnt stop them before this happened. the bottom line is whatever you do, it is all your fault mr policeman.

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    • #3
      We have a "Zero Tolerance" policy for underage drinking. In the situation you describe, we can't enter the premises without the consent of the owner. We'll usually try to get ahold of them, and if they aren't available, we'll take down plates, run a '28 and give the parents of the partiers a call. It's amazing how many parents come to get their kids out of the party.
      Extremism in the pursuit of liberty is no vice. Barry Goldwater

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      • #4
        I haven't gotten to that situation yet, but I'd probably call one of our K-9's there if they are on shift (one works the same days as me, so there usually is) and just have them stand at the door and bark all night. Maybe put a spotlight or two in some windows. Make comments over the PA such as "I have all night." and "You do know we work in shifts, right?"

        Usually when I go to a house party with Juvs there they would rather hide while one answers the door.

        I have a relative who is a plumber. I keep meaning to buy a water key for a situation like that. Turn off the water to the house- I'm sure they'll want to talk to me after their toilets start overflowing.
        You have no right to not be offended.-Neal Boortz

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        • #5
          So what if they dont open the door at all on you and attempt to wait you out? What would you do and how long until you just get fed up and leave (if you even do leave)
          "I once killed a man in Reno, just to watch him die..."

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          • #6
            Usually if I go to a house for a party it's because we've received a noise complaint from a neighbor and as it an ongoing breach of the peace the
            participants are subject to arrest for Disturbing the Peace. I'd call for a boss but I'm sure we'd gain entry and do what had to be done.

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            • #7
              Question about open house parties

              Smart thing to do is conduct yourselves in such a manner as the cops aren't called. That doesn't really require a whole lot of smarts. If you're determined to drink underage, you'll probably get away with it for a while. If you're dumb enough to congregate with a bunch of other underage boisterious drunks, you'll probably be arrested, cited, warned, or something. Worst case scenario, and I've been there, some Trooper, Deputy, or City Officer, is going to scrape what's left of you off the pavement. Hope that doesn't happen to you,but it's a possibility.

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              • #8
                Originally posted by CLB2112
                If a bunch of kids under 21 throw a party at their apartment, and cops come to the door, are the kids really obligated to open the door until a warrant is produced? Also, lets say the door is open and cops enter, what punishment would be facing the residents and non-resident party goers?

                I know what the law states about situation, but Im more curious about what you, personally as a LEO would do in this situation.
                In NC, no you dont HAVE to open the door, but as was said... it would be a crime in progress, so the door also doesn't have to stay on its hinges.
                What is it about, "Thou shalt not.....", do some people not understand?
                Matthew 5:9 Blessed are the peacemakers: for they shall be called the children of God.

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                • #9
                  Open house parties

                  I'm going to try this again. Going through your original post, I see no mention of alcohol, but have assumed that's the type of party you plan. If you have the party planned, and there is a complaint, I can assure you the door to your apartment will be opened by someone. If the door is already open, and an officer observes alcoholic beverages, along with people he reasonably believes are underage, he can enter the premises. Your use of the term "open" suggests anyone can attend your gathering,including the police.Once inside, the officer may take the enforcement action he/she deems necessary.If you're determined to have the party, that's what you'll probably do, b ut I'll remind you of what John Wayne said one time:"Life is tough. It's tougher when you're stupid".

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                  • #10
                    Originally posted by CLB2112
                    If a bunch of kids under 21 throw a party at their apartment, and cops come to the door, are the kids really obligated to open the door until a warrant is produced? Also, lets say the door is open and cops enter, what punishment would be facing the residents and non-resident party goers?
                    Every generation of teenagers seems to try the "you can't come in here without a warrant" game, and cops still continue to bust teenage drinking parties.

                    The purpose of the search warrant requirement is to deny the government the benefit of evidence that is seized in violation of the Fourth Amendment. This assumes that the objective is to get a conviction for a criminal offense. Where teenage drinking parties are concerned, this is not even a secondary objective. The primary objective is to end the party, and the secondary objective is to discourage the partiers from holding another one. Therefore, the cops enter the premises, seize the alcohol, tell the partygoers to leave, and arrest or cite anyone that decides to play lawyer or otherwise oppose the action. The arrests or citations frequently do not result in convictions, and hardly anyone cares. The party is done, the money spent on the beer and booze is wasted, mommy and daddy found out about it, and the evening was ruined for the people that were doing something they knew they weren't supposed to do, anyway.

                    By the way, almost all of these parties get out of hand. I don't know how many I have been to where the host claimed that it was only intended for a few close friends, but then the thundering herd showed up. Add this to the tendency of teenagers not to handle alcohol well (it's not like adults handle it much better, but the situation just seems to get aggravated with kids), and you have a recipe for chaos.

                    I am not expecting you to heed this advice, because few teenagers do, but here it is, anyway: wait until you're older, of legal drinking age, before you experiment with alcohol, and then do it in the company of a few friends that you trust, or, better yet, your family. Alcohol is not inherently evil, but like so many other things, it has a tremendous capacity to be misused.
                    Tim Dees, now writing as a plain old forum member, his superpowers lost to an encounter with gold kryptonite.

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                    • #11
                      Thanks for all the replies, I wasnt really planning on doing this myself, but I was at a party a few weeks ago and this situation happend, and instead of just opening the door and getting let off, the owner of the house decided to turn out all the lights and try to hide, which of course was abad idea. Everything ended with only the owner getting punished.
                      "I once killed a man in Reno, just to watch him die..."

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                      • #12
                        Originally posted by Tim Dees
                        Therefore, the cops enter the premises, seize the alcohol, tell the partygoers to leave, and arrest or cite anyone that decides to play lawyer or otherwise oppose the action. The arrests or citations frequently do not result in convictions, and hardly anyone cares.
                        That's great until the city gets sued for blatantly violating the 4th amendment.

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                        • #13
                          Originally posted by Marky Mark
                          Here's a plan next time the cops show up at a party- Meet the officer in the front yard. Then, with your beer in one hand, poke your other index finger in his chest, and inform him "I'm a lawyer and you can't do this, it violates the 4th Ammendment, and you'll be sued."
                          I've seen that done, and it doesn't work.

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                          • #14
                            Originally posted by Marky Mark
                            Here's a plan next time the cops show up at a party- Meet the officer in the front yard. Then, with your beer in one hand, poke your other index finger in his chest, and inform him "I'm a lawyer and you can't do this, it violates the 4th Ammendment, and you'll be sued."
                            Better yet is when they say"My Dad's a lawyer! I'll get your job!" when you are taking them to booking.

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                            • #15
                              Hello,

                              Sorry to bump such an old thread, but I have a few questions about this issue, so I can avoid putting myself in a situation of getting in trouble.

                              I recently moved to a new townhouse, and my neighbors at the end unit throw parties about every weekend. The owner is a friend of mine, and I sometimes like to hang out there while others are drinking. I'm 21, but my friend the owner is not. I do not buy him alcohol.

                              - If an officer came to the front door (for whatever reason), & someone opens to door, & the officer sees the underage-drinking going on, s/he can enter the house & ask for everyone's ID in the house, correct?

                              - With my being 21, what possible trouble could I get into in this situation?

                              - If there is underage drinking at my house, and I did not supply alcohol, what could be some consequences, if an officer came to the door asking for everyone's ID?

                              - Also (this is kind of unrelated) if there is a noise complaint, that’s an ongoing crime (disturbing the peace?), correct? So that alone is enough to search a house?

                              - Can someone complain about noise any time of the day? Or is that something I would need to look up in local statues?

                              I'm asking these questions, because being 21 with friends who are under 21 makes me want to know what situations I should avoid putting myself in.

                              Thanks in advance for all the great input!

                              - Dan
                              THIS POST IS NOT DIRECTED TO ANY ONE.

                              Comment

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