proable cause and cops.

[SlartyBartFast]

Sorry, the posting is so fast sometimes that something is taken care of before you finish the post.

And I will say this: If there is some loud all-night kegger going on next door to me, I don't care if they ram the door and toss in flash-bangs, just as long as they shut them up.

Watching the loud neighbours being busted can be a reason for a party of your own.

First rule of loud parties: Invite all the neighbours and offer them free drinks (party provides even if everyone else is byob, any shared costs are not expected from neighbours).

But, even then you have to respect those that don't want the noise.

But on another note, here it is VERY easy to get halls, gyms, and party rooms to rent. If the party is really that big, the cost per person is minimal and you're guarenteed not to get noise complaints.

[WicKeD_WaYz]

Wrong, but you can go on believing that if you want.

Why is it that people feel the need to treat the police as the enemy? Police officers are willing to die to defend you and your loved ones, yet because they enforce laws you don't agree with they are the bad guys? Society as a whole is responsible for the laws, the police just enforce them. You don't have to agree with them, but you do have to obey them or face the consequences.

Man I dont know how true that is. Sure thats what they want you to think but I know some crooked *** cops that are out to use their power and authority however they want to. I know there are cops that really do want to help, and are nice guys. Its easy to tell the nice ones because they approach situations in a different way. But ive grown up in areas where cops are frequently committing the same crimes as the guys they arrest every day. Im not going into details but it happens ALOT more than one would think.

[Thordic]

Seeing people drinking is not probable cause for entry. This isn't 1984 or Soviet Russia.

If the police show up at your house, the best thing to do is to open the door, exit the house, close the door behind you, and talk to them on the front porch. Keep the shades drawn, and noise to a minimum. There is nothing illegal about having a party, and they need more than just the fact its a party to go in and start checking IDs. Of course, they can wait around outside all night and stop people leaving the party, but thats a different story.

My friends had a house, and used to throw parties rather often. The police would show up two or three times per party. When they first moved in, only one of the four guys who lived there was over 21. In 20 - 30 + police visits over the course of a couple years, they only received one citation, for a noise violation.

At first the police would come around to the back yard and the back fence, so my friends starting parking their cars to block access to the backyard from the driveway. You would have had to climb over a car to get at the backyard without going through the house.

If the keg was on the back porch, they'd put it in a cardboard box, or hang some clothes on the railing to keep it from being publically visible.

Be smart about it. Don't put things in public places that could incriminate you. Don't talk to the police with the door wide open, or let them in so they can see everything thats going on. Put some safeguards in place to keep the police happy, such as taking keys. My friends used to collect keys by the front door, so if the police were asking questions, my friend could reach inside, grab the basket, and show the police that anyone planning on drinking wasn't driving home.

There's no reason why you can't party. Do it intelligently, and you won't get in trouble. Probable cause is not "Oh I thought I saw..." or "Oh I thought I smelled..." Any good lawyer would get that thrown right out.

[Steelrat]

There's no reason why you can't party. Do it intelligently, and you won't get in trouble. Probable cause is not "Oh I thought I saw..." or "Oh I thought I smelled..." Any good lawyer would get that thrown right out.

Agreed, do it quietly. And I think underage drinking should be avoided, but thats just me. And any police officer that says "I thought I..." on the stand deserves whatever sort of anguish the defense inflicts. Believe me, if they think there is underage drinking, its going to be "I saw blah blah blah."

[wad04]

proable cause actually can be "i thought i smelled" if they smell alcohol, or pot, they have ever right to search that house.

[tropical_fishy]

even for alcohol? For pot I guess, but how do they know the people in the house are underage?

[Thordic]

proable cause actually can be "i thought i smelled" if they smell alcohol, or pot, they have ever right to search that house.

No, like I said, a good lawyer should get that thrown out.

[wad04]

check out the 4th amendment

basically a probable cause can be anything, just not unreasonable. If it seems as though there is under age drinking, he can and will bust you.

If you even look under age thats probable cause.

[Thordic]

Believe whatever you want, I don't care if you go to jail because you waived your rights or didn't know better.

[SlartyBartFast]

proable cause actually can be "i thought i smelled" if they smell alcohol, or pot, they have ever right to search that house.

Well, no.

But if the cop said: "I smelled pot."

THEN, they'd have probable cause.

[Lohman446]

Believe whatever you want, I don't care if you go to jail because you waived your rights or didn't know better.

Theres a point here. Don't waive your rights. If the cop says "I smell pot / see minors / etc can I come in?" your answer is no. If they have to ask you they probably don't have cause, but the instant you say yes, even if they gave you a reason, you have consented and they no longer need a reason to enter. Police are legally allowed to lie to you to get consent - if they have probable cause they need not wait for you to grant consent. If there wrong on probable cause a good lawyer, and enough time, can make things go away - if you consented because they lied to you, well your SOL.

[wad04]

The United States Supreme Court has held that when the odor of a forbidden substance is detected by an officer qualified to know the odor, that basis may justify issuance of a search warrant. Johnson v. United States, 333 U.S. 10, 13, 68 S. Ct. 367, 368-69, 92 L. Ed. 436 (1948).

ie: pot, alcohol, ect....

[cockerkiller68]

How about not letting underage people drink at your house. That's an amazing thought!!!

[Warewolf50]

The United States Supreme Court has held that when the odor of a forbidden substance is detected by an officer qualified to know the odor, that basis may justify issuance of a search warrant. Johnson v. United States, 333 U.S. 10, 13, 68 S. Ct. 367, 368-69, 92 L. Ed. 436 (1948).

ie: pot, alcohol, ect....

since when is alchol a forbidden substence? I dont think cops can say hey i smell underage driinking.

[wad04]

umm yeah, but first they now have probable cause to enter the house and then ID under age drinkers.