ShouldI fight the fact that the police had reason to come inside an underage party without a warrant?

UPDATED: Sep 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 19, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

ShouldI fight the fact that the police had reason to come inside an underage party without a warrant?

13 of my friends and myself have recently been arrested at my friends house in august for minor in possession. This is how it happened according to 2 of the officers police report: they got a call from the neighbor about an underage party. The cops looked in the window and saw alcohol and party cups and kids that looked underage. No one had alcohol in there hands the whole time. The cops knocked on the door. I answered the door. they asked if everyone was 21. I didn’t answer. They stepped in. Is it worth fighting the fact they had no right to come in? They had no warrant.

Asked on September 19, 2011 under Criminal Law, New Hampshire


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is unlikely that you would be able to prevail in your claim against the police because the police had probable cause to enter the house without a warrant.  The probable cause was based on their on-scene investigation of the report from the neighbor of underage drinking.  Also, when the police looked in the window and saw alcohol, party cups, and underage kids, all of these items were in plain view which would support a finding of probable cause to enter without a warrant.  Probable cause means a reasonable belief that criminal activity (underage drinking in this case) is afoot.

Under these circumstances, the police would be able to enter the house without a warrant.  If the police were required to obtain a warrant in this case, by the time they obtained the warrant and returned, the alcohol, party cups, and underage kids would be gone. 

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption