Police Entering Your Abode

[HBGMarine]

I got into a discussion on another message board and need some help backing up my point.

Someone posed the following question:

You're hosting a party in your apartment on a college campus. Police show up at the door.

I've heard soo many different things regarding what to do and what your rights are. I understand a lot of miscers are aware of the details of the law and I was curious some input.

My response was:

The police cannot enter your house unless they either have a warrant or they observe a crime being committed. If you open the door and they see kids that appear underage drinking beer, people getting high, midgets have sex with farm animals etc, then they can enter. You have no obligation to open the door if they say "open up, it's the police" or anything like that. Gotta love the United States Constitution!

A cop from DC showed up in the thread and responds to me with:

Well get enough noise complaints and people willing to be interviewed we can enter.

I'm going to call BS on this guy but can't find sources to back it up. I'm 99% sure that they can't just show up and open the door because they got numerous noise complaints. Can anyone lend a hand?

[Strapped]

I got into a discussion on another message board and need some help backing up my point.

Someone posed the following question:


My response was:


A cop from DC showed up in the thread and responds to me with:


I'm going to call BS on this guy but can't find sources to back it up. I'm 99% sure that they can't just show up and open the door because they got numerous noise complaints. Can anyone lend a hand?

If anyone entered my house without being invited, it would get a whole lot noiser real fast...

[whoshisface]

I don't see how they could get people willing to be interviewed if you don't open the door... Nonsense, keep your door shut, if you're going to talk to them do it through the door. Otherwise ignore them and double lock it.. They can still issue the ticket, they may just mail it to you.

[Brillfan]

I got into a discussion on another message board and need some help backing up my point.

Someone posed the following question:


My response was:


A cop from DC showed up in the thread and responds to me with:


I'm going to call BS on this guy but can't find sources to back it up. I'm 99% sure that they can't just show up and open the door because they got numerous noise complaints. Can anyone lend a hand?

How is supercop going to know who wants to be interviewed if you don't open the door?

[LittleRedToyota]

How is supercop going to know who wants to be interviewed if you don't open the door?

he is saying they interview the neighbors and the neighbors are willing to go on record testifying to the noise issues.

this may give rise to PC that noise ordinances are being violated which *may* give the police grounds to enter the apartment...especially if no one answers the door at the apartment when they knock.

[Brillfan]

he is saying they interview the neighbors and the neighbors are willing to go on record testifying to the noise issues.

this may give rise to PC that noise ordinances are being violated which *may* give the police grounds to enter the apartment...especially if no one answers the door at the apartment when they knock.

Sorry about that! I wasn't thinking about the neighbors. I suppose that if the PD hears the noise, and he has neighbors willing to back it up, the least the tenant can expect is a summons in the mail.

[djturnz]

If it's that much of a noise complaint, wouldn't the officer be able to hear the noise himself? Then he wouldn't need witness testimony that a crime was being committed.

[ChamberedRound]

Sorry about that! I wasn't thinking about the neighbors. I suppose that if the PD hears the noise, and he has neighbors willing to back it up, the least the tenant can expect is a summons in the mail.

I would go so far as to say a summons is the MOST that would happen, at least at the onset.

As a homeowner, you are under NO obligation to allow the police to enter your home for any reason without a warrant. Likewise, they have no right or authority to enter your home without a warrant. The noise complaints, and the interviews of neighbors would likely give them the PC/RAS they need to get a warrant or issue a summons. However, even with such PC/RAS they can't enter your home until they get a warrant, except in very specific circumstances, such as the observation of a crime in progress, or if they felt someone's life could be saved by entering your home and intervening.

I'm going to call BS on this guy but can't find sources to back it up.

You serious? How's this for a source:

US Constitution
Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[Al-Mumit]

AFAIK they can enter if there are people coming and going freely. This is why if/when I have a party the door is locked behind each person. A lot of minding the door, but more peace of mind.

[goofin]

You're hosting a party in your apartment on a college campus.

Is the apartment owned by the campus? just like HOA's , had the campus giving permission to the police since the occupants only rent?