What constitutes an unlawful search and seizure?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes an unlawful search and seizure?
I had an outdoor house party, 2 hours into the party I saw at least 10 police officers already inside my gated house. They proceeded to run into my house (without my consent) and one by one take individuals that looked for refuge inside. I, along with my roommate, each received 30 counts of supplying alcohol to minors. My question is, isn’t their search of my house and rooms against my fourth amendment rights? Wouldn’t any criminal charge after this unlawful search and entry of my house be thrown out? Can my roommate be charged with supplying alcohol to minors if he is not even of age to buy alcohol?
Asked on September 19, 2010 under Criminal Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You and your roommate should be consulting with a criminal defense attorney, since much depends on the specific circumstances. Generally though, IF criminal activity--like underage drinking--can be seen from public space (e.g. from the road nearby)--the police may enter to deal with the situation; the fact that the criminality can be seen from a public location provides sufficient cause. Also, it's possible a complaint, even possibly a complaint of dangerous behavior, might have been phoned in by a neighbor; depending on context, that could also provide sufficient cause.
As for underage drinking yiour roommate needs to check with a criminal defense attorney, but the statute is usually written so that the age of the supplier/provider is not a factor.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.