Can police enter your home without invitation from resident?

My daughter had a graduation party in or home and the police came to the door for
sound complaints and entered without permission and passed out citations to all
of the kids for possession of alcohol. They proceeded to search the residence and
went upstairs into the bonus room / my daughters room looking for more kids. I
was not home during the this time but I was on the phone with my daughter and
heard her tell them they did not have a right to come inside our house nor to
search our home for anything. I then asked to speak to the officer and he stated
that he was not searching my home that he saw alcohol inside the door of that
room so he went to investigate. they also opened my fridge to see what was
inside. I feel like they are not allowed to do this and i would like to know what
my options are.

Asked on May 25, 2016 under Criminal Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Police can do a basic investigation, but before they do a search of this nature-- which involves searching rooms and closed compartments-- they either need consent or a warrant.  If no one authorized him to do a search of your home, then anyone who was issued a ticket may have a defense based on the illegal nature of this search and seizure.  You need to visit with a criminal defense attorney you with a supression motion.


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