House parties and cops at the door

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Falcon0r

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I was talking to my boss today and he told me that when he partied as a kid in New York, when cops came and baned on the door they wouldn't let them in, and that as that.

Living in Arizona (USA), I want to know about this.

If I am at/having a house party, and it is MAINTAINED so that everyone is inside the house at all times, then what? A cop comes to the door for a noise complaint/whatever reason they come to a party. They knock at the door, now what? Do you HAVE to open the door?

I know they are intimidating with "Sherif OPEN UP", but what can they do? Can they break the door down? Sit on your front step until 10am the next morning?
 
The short answer is that you do not have to open the door and let them in unless they have a warrant. You do not even have to talk to them. They may stand outside for a while, but without a warrant, the worst they can do is leave a noise violation ticket on your door.

A quick search turned this up, but I can't confirm it. In Arizona, there is a completely legal warrant specifically designed to crack down on loud parties. It is designed so that officers can sit on a house until this warrant is signed by a magistrate (a matter of minutes) and then entry is made with or without your approval. The reasoning behind this is to stop underage drinking or other illegal activity.

Here is the Arizona statute on issuing warrants.

link
 
AfterGlow said:
The short answer is that you do not have to open the door and let them in unless they have a warrant.
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There are a lot of big exceptions to the warrant requirement, allowing a cop to enter a house.
 
I didn't think there were that many exceptions. If they have reason to believe somebody is in danger of serious harm or death or if they see a felony being committed in plain site, then they can enter without a warrant. Are there lots more situations? I know that often the real world is different than the written law.

Banquo said:
There are a lot of big exceptions to the warrant requirement, allowing a cop to enter a house.
Click to expand...
 
So, in short, we should open the door? We always do anyways. I have found that in EVERY case I've been in, being respectful has gotton us off with a warning every time.
 
I was only trying to find out for you whether you legally HAD to open the door, not whether you should or not. That's a judgment call you'll have to make based on what's behind your doors.

If you have anything illegal going on or in your possession, then you probably will not want to let cops in when they come knocking. On the other hand, if they are knocking they probably have a reason and trying to avoid dealing with them might arouse suspicious and subsequent action. If this is a frequent occurrance at your house, it might be wise to establish a friendly rapport with them so you can accept the noise complaint and send them on their way.
 
I don't think you have to answer the door. This might give them probable cause to break it down or go around back and look around, though, depending on what they can see and hear.

If they ask whether they can come inside, you can tell them no.

But if they say they're coming in anyway, all you can do is to make it clear that you do not consent to any search and do not give them permission to enter, but after that you must stand aside and let them by. Afterward, your lawyer can deal with whatever they find.

Never put up physical resistance to a search by a law enforcement officer.
 
I believe if the door is left open, as it often is at parties, they are allowed to walk in freely. Is this true?
 
Falcon0r said:
So, in short, we should open the door? We always do anyways. I have found that in EVERY case I've been in, being respectful has gotton us off with a warning every time.
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That is an important part in any police encounter: (1) never consent to a search but (2) remain calm and respectful. Asserting yourself is never the same as being agressive. The latter could you in trouble while the former could save you. Admittedly, police encounters sometimes get the blood and adrenaline pumping, so it might take a higher level of concentration to remain calm. But think of it as a rational choice -- what course of action will get you in the least trouble?
 
You don't have to answer the door when the police come knocking, but it might be ideal to prevent any other intrustion and investigation.

A few more things...

Home searches without a warrant:
An open door is NOT consent to search.

If drugs or contraband are in "plain view" to a police officer, like at a traffic stop or home visit, the police may enter and take it.

Otherwise in order to search a house without a warrant, police need probable cause AND exigent circumstances. Probable cause exists when there is reasonable belief that evidence of a crime will be found. Exigent circumstances include situations where there is a chance of evidence destruction, threat to public safety, threat to officer safety, or threat to property.

There are other times when the police do not need a warrant but these are some common examples.​

Home searches with a warrant:
If there is a reasonable suspicion by the police that knocking and waiting at the door would be dangerous or hurt an investigation, the police may enter unannounced.​
 
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I'm glad this thread came up.

Other night, my friend was having a party. Nothing serious. Probably 50 kids - all underage - drinking. Weed, of course, but minor. Police came to the door. My friend planned to not allow them in. When they asked if they could come in the house, he responded in the negative. They said (and I quote) "Come on, how about letting us in the house so we can handle this like men" (I swear to god I'm not making this shit up). Homeowner became intimidated. He let them in.

As I said, we were drinking underrage and that was about it. So it was no problem. They dump the beer etc. However, I believe my friend should have replied, again, in the negative had there been anything else going on in his house.
 
Probable cause i.e. you are having a party and there are cars lined up and down the street. I appreciate all the information though. Usually when we would open the door, we would slip outside and close the door behind us.
 
Falcon0r said:
Probable cause i.e. you are having a party and there are cars lined up and down the street. .
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having a party is not illegal.
 
What if the cops could see through a window, people they SUSPECTED to be underage drinking alcoholic beverages, would this fit under the plain view rule as well?
 
It depends. If the officer is standing at a vantage where he is legally permitted to stand, then seeing underage people drinking would give him probable cause. Three criteria must be met for "plain view" observation: (1) the officer is where he has a legal right to be, (2) ordinary senses must not be enhanced by advanced technology, and (3) any discovery must be by chance.
 
I was once at a party where the cops surrounded the house completely, we had like 40 people in the basement, and as opposed to letting them in we turned the music off. Well we hear alot of shouting etc. then it all stops and we wake up and all of our cars are towed like 10 fucking cars, the reasoning was "obstructing a public street" which is bullshit they even towed one out of the driveway... I called the police and they basically told me to fuck off... From that day forward I just answered the door they never arrest people if they dont have warrants around here anyways, and if one 21 year old comes forward they usually let us keep out booze too.
 
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