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Home Search Based Upon a Minor Being Home Alone With Empty Beer Cans

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  • 11-04-2012, 01:51 PM
    adozark
    Home Search Based Upon a Minor Being Home Alone With Empty Beer Cans
    My question involves criminal law for the state of: Texas

    I was present at a small party at a friends home. There was about 25 other people there; all but two where at least 18. I am actually 23 but did not provide any alcohol for the party.

    The police arrived at the house on a noise complaint and came into the back yard (the gate was left open), by that time nearly everyone was in the house in a bedroom that was not visible from outside to the officers. There was one 18 year old who was outside the house and he was the home owner's son. I was the only person who was left in the living room, and the officer could see me through the window, which was fine because I had nothing to hide. The officer motioned for me to come outside and I did so, making sure that I closed the door behind me.

    The officer asked me how old I was and looked at my ID and told me to just wait till he ran my license for any outstanding warrants. (I have none.) In the meantime he walked into the house even after the son expressed that he did not want the officer to enter the home. The officer then found everyone in the room and asked them to come out. When the son questioned the search, the officer said he had probable cause and told the son to "look it up."

    The officer then charged everyone who was at least 18 but under 21 with an MIP. The officer claims that just because there was alcohol in the living room that it was readily available to the "kids" and therefor they committed an offense. They where not even in the same room as the cans of beer (which where visible through the large windows).

    Two things perplex me:

    1. Why where the two 16 year old's told they where free to go.

    2. What probable cause did he have? Beer sitting on a table is not an offense, and no arrest was made, so what permitted the officer to come into the house against the son's wishes?

    Thank you in advance for your responses, I am just a little confused about this.
  • 11-05-2012, 09:51 PM
    Mr. Knowitall
    Re: Home Search Based Upon a Minor Being Home Alone With Empty Beer Cans
    Quote:

    Quoting adozark
    View Post
    1. Why where the two 16 year old's told they where free to go.

    You would have to ask the officer. Perhaps he didn't want to be bothered with juvenile court.
    Quote:

    Quoting adozark
    2. What probable cause did he have?

    When your friend gets a copy of the police report, I expect he'll find out. We can guess, but we know less about the situation than you do.
    Quote:

    Quoting adozark
    Beer sitting on a table is not an offense...

    It is when it's in the actual or constructive possession of a minor.
    Quote:

    Quoting adozark
    ...and no arrest was made

    You believe that's relevant to what?
    Quote:

    Quoting adozark
    ...so what permitted the officer to come into the house against the son's wishes?

    From what you have told us, he was investigating a noisy, underage house party being conducted in the absence of any parent or responsible adult. There are a number of possible grounds the officer could assert, depending on the full facts. The child of the homeowner has the right to try to argue that the officer should have obtained a warrant, if after reviewing the facts his lawyer believes that will fly.
  • 11-08-2012, 02:05 PM
    adozark
    Re: Home Search Based Upon a Minor Being Home Alone With Empty Beer Cans
    Thank you for your response. I am not trying to get him off or anything like that. I simply am just a curious person.

    Quote:

    It is when it's in the actual or constructive possession of a minor.
    Until he found the other people in the closed room , separate from the room with the alcohol, he had no proof of anyone but me(23) being in the house with the alcohol. He would be basing the search on evidence obtained from the search. Though I understand that I am asking questions that are impossible to fully answer without knowing the officer's thoughts.



    Quote:

    You believe that's relevant to what?
    I only meant to rule out an arrest as cause for searching the home.

    Quote:

    From what you have told us, he was investigating a noisy, underage house party being conducted in the absence of any parent or responsible adult. There are a number of possible grounds the officer could assert, depending on the full facts. The child of the homeowner has the right to try to argue that the officer should have obtained a warrant, if after reviewing the facts his lawyer believes that will fly.
    Ok. The only reason I thought it was an odd search was that when he arrived he could only see the remains of a party, the child of the homeowner and I where the the only people visible before he searched the home. As I understand it, there are only 4 reasons an officer may conduct a warrant-less search:

    1. Consensual search: Obviously this was not the case.

    2. Plain View: There was only beer in plain view and there was no minors visible to the officer besides the child of the home owner, who was in the yard. There was no evidence being destroyed. The most I could see him arguing, is that the cars in the driveway provide evidence of the existence of other people at the home, but it seems like a stretch provided that he can not prove they are minors since he can not see them.

    3. In connection with an arrest: This is why I mentioned that no arrest was made.

    4. Public safety is directly at risk: There was no reason to believe this was so.

    I see your point though. I am supposing that he believes the search will hold up in court, I am just curious why he seems so confident given that his probably cause seems thin. (to me, which means absolutely nothing.)


    Again, Thank you for your insight.
  • 11-08-2012, 02:15 PM
    Foster_Foster
    Re: Home Search Based Upon a Minor Being Home Alone With Empty Beer Cans
    You may find through experience that, unfortunately, police officers like other folks make stuff up. Stuff you cannot prove didn't happen (it's often difficult to prove a negative). A police report will reveal (at least) what the officer declares was the reason for entering the home; it may be as blatant a lie as declaring that the kid said "go ahead" and it being whomever's word against whomever's, or the officer declaring he saw X or thought he heard a scuffle or ... any number of things.
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