House Party

My question involves police conduct in the State of: wisconsin. city of sun prairie

Please re-post this in the correct section if this isn't it.

Just wondering what the police can and can't do in the situation below.

I just bought a house and intend on having a house party with a lot of people. Say for instance one of my neighbor's calls the cops because they see a lot of cars/people at my place. Most of the festivities would be going on downstairs where noone else should be able to hear us.

Am I required to let the cops in at all? if there was an actual noise complaint?
if they see someone with alcohol/red cup through a window/door can they ask for id from that person?

Thanks

If you answer the door and they see some one that looks to be intoxicated. They can ask to check id. Even if they are responding because of a noise complaint. This has been done numerous times in numerous cities accross the country.

One person throws a party, nieghbor complains due to noise. Police show up, they see some one drinking a liquid substance they believe is alcohol. They ask to see id's. Then numerous people are cited for minor in possession. The host of the party is cited for contributing to a minor. Party is shut down by the police.

My advise make sure everyone drinking alcohol is of age. Make sure any minors that maybe at the party do not drink any alcohol. If the party goes on into the late hours of the night. Try to keep the noise down not to disturb the nieghbors.

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Quoting mhalweg

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Am I required to let the cops in at all? if there was an actual noise complaint?

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A noise complaint can be investigated and taken care of outside the doorway. No you don't have to to let them in to investigate this, however, do not act on my interpretation of the law, you do what you feel is required.

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if they see someone with alcohol/red cup through a window/door can they ask for id from that person?

Thanks

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The color of the container has no bearing. If officers believe an underage party is in progress, generally they can enter without a warrant as a caretaking function to check on the welfare of the minors. The metabolic systems of minors are more susceptible to alcohol poisoning than adults.

that's what i've always been worried about is the "caretaking" function. would i be correct to assume that if the police do not see anyone else at my house that they can't assume an underage party is going on? like i mean obviously there's party, but wouldn't they need proof/reason to suspect that there are underagers present?

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Quoting mhalweg

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that's what i've always been worried about is the "caretaking" function. would i be correct to assume that if the police do not see anyone else at my house that they can't assume an underage party is going on? like i mean obviously there's party, but wouldn't they need proof/reason to suspect that there are underagers present?

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They need probable cause to enter which requires more than they suspect it is so without any authority to back it up.

If you are planning on throwing an underage party, don't do it. All the cops have to do is sit outside, once a guest comes out of your home, if they suspect they are underage, they can detain and investigate.

As Bigcountry points out, you could be in serious legal trouble if you are the "Host" of such a party!!

a majority of the people will be of age. if underage i will require them to spend the night because i know if something happens to them after they leave that i can be held responsible.
say the cops question an of age person outside. that means they can't do anything correct?

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Quoting mhalweg

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a majority of the people will be of age. if underage i will require them to spend the night because i know if something happens to them after they leave that i can be held responsible.
say the cops question an of age person outside. that means they can't do anything correct?

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No if they are outside, then they are able to be questioned and checked. Here is where it gets tricky, if that person outside is underage and had been drinking. If that person tells the officer/s where they were. Now the officers do have the probable cause to enter the home and check ID's.

To answer your other posting. If they see a person inside the home that looks underage and intoxicated. They now have probable cause to check id's. Being it would be a noise complaint from the nieghbors. They will come and knock on the door. They will ask you questions. Three questions come to mind that will be asked. 1 Is there alcohol being served? 2. Is there any minors drinking? 3. Do you mind if we check for ourselves?

Bottom line is don't host a party where you are planning to have underage drinking. Even if you plan to keep the underage people at your house until the next day.

I read about it everyday in the newspaper. Especially during this time of year. With all the graduations and everything going on. As the host of the party you could be looking at more then fines. You can be looking at jail time as well. Also another thing is I bet your going to be drinking as well. So once your intoxicated I highly doubt your able to control and keep track of a group of people. Even if your sober it is hard to do. Best thing to do is follow the law. 21 years of age to drink alcohol. There for if you are not 21 you do not get to drink alcohol. No matter what the amount is. Alot of states are cracking down on zero tolerance for under age drinking.

i asked if the person outside was OVER 21 and had been drinking and the cops questioned him, then they would still have no reason to try to id everyone else right? sorry that i just don't take all your hints and not have any underagers but i do have friends that are under.

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Quoting mhalweg

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i asked if the person outside was OVER 21 and had been drinking and the cops questioned him, then they would still have no reason to try to id everyone else right? sorry that i just don't take all your hints and not have any underagers but i do have friends that are under.

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It would all depend on the information obtained from the person outside of the house. If the person outside of the house informed the police that was underage drinking then they have probable cause to check ID's. I have never been at a party where the police do not check id's if they show up. Although I am older now and do not attend to many parties where under age people are at though.

You can have underage people at your house during the party. Just make sure they do not drink any alcoholic beverages and you will have no problems.

But if you do allow the underage guests to drink be prepared for the consenquences you could receive.

This is a legal forum, I am giving you legal advice not to allow under age drinking. Because the law says if you are under 21 you can not drink.

Remember that your actions today can decide your future for tomorrow.

okay. thanks for all the help

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Quoting mhalweg

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okay. thanks for all the help

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No problem, just please think about it before doing anything. Use common sense and usually you will never have serious problems with the law.

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Quoting bigcountrysg

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No problem, just please think about it before doing anything. Use common sense and usually you will never have serious problems with the law.

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You are right Big. If a minor were to leave intoxicated and cause harm to another or die from alcohol consumption on or off the premises, there would be a big time lawsuit against the HOST, such as Dram shop laws provide.

Criminal sanctions may/would be the LEAST of worries, depending on the degree of facts that is!!

yeah so i hosted the party. the cops said that they received a noise compalint. i know it wasn't because of the music or anything. i think it was just that a neighbor didn't like someone parking in front of their house and heard a door slam or something, but anyways . . .

the cops came. i was not sober. they said that they had received a noise complaint and when one of the officers walked around the house and shinned his flashlight at someone smoking in the back yard he ran back into the house. isn't that natural human behavior? you scare the hell out of someone they aren't going to just sit there.

so the officer told me i could either be ticketed for $500 or so for something (i don't remember for what) or i could let them inside to check id's. i let them in. they handed out $250 tickets to all underagers and i received nothing. they then left.

is this weird that nothing happened to me?
maybe the $500 would be for the noise complaint? sherrifs responded so maybe that's why it was so high? i've been told before that they can issue higher tickets for traffic offenses . . .

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Quoting bigcountrysg

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If you answer the door and they see some one that looks to be intoxicated. They can ask to check id. Even if they are responding because of a noise complaint. This has been done numerous times in numerous cities accross the country.

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if the person that answers the door (me) appears to have been drinking a little can they just check my id or do they have the right to check everyone's? even if i'm the only one in view?

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Quoting mhalweg

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if the person that answers the door (me) appears to have been drinking a little can they just check my id or do they have the right to check everyone's? even if i'm the only one in view?

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If this is coming from your other posting about what happened. Well you gave them permission to enter and check ID's. I forewarned you as well as other members about this. Now the fines must be paid.

I have had police come to my house during parties, check id's and received nothing nor did any of my guests. Why because I made sure there was no underage drinking going on.

I have also had parties where the police do not show up. You took the risk the police showed up and issued tickets.

i know that i gave permission. i'm not contesting that. i was just wondering if they even had the right or whatever. does the law allow them to ask to see everyone's id if i'm of age, obviously have been drinking, and i'm the one answering the door and the only one in view? does that smoker running into the house give them just cause?
i find it hard to believe that a noise disturbance ticket would be $500 for the first offense. I went and spoke with the two houses across the street the next day and they said they didn't hear a thing. one of them also said that there is a sherrif one house down from them. so that sucks.

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Quoting mhalweg

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i know that i gave permission. i'm not contesting that. i was just wondering if they even had the right or whatever. does the law allow them to ask to see everyone's id if i'm of age, obviously have been drinking, and i'm the one answering the door and the only one in view? does that smoker running into the house give them just cause?
i find it hard to believe that a noise disturbance ticket would be $500 for the first offense. I went and spoke with the two houses across the street the next day and they said they didn't hear a thing. one of them also said that there is a sherrif one house down from them. so that sucks.

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If there is a party somewhere, and people attending the party are drinking. If the people that are drinking look young then yes they have enough to check id's. But all that does not matter, because they asked and you permitted. Being the host and I believe the owner of the property. You are suppose to be in control of your house guests. Which if yourself is intoxicated then that is pretty hard to do.

This is just like if they asked to search your house. You conscented there for you gave the officers permission to search. Now if you refused or denied, then there is nothing stopping the officers for waiting for your guests to leave then stop them and hit them for possible dui, mip, and who knows what other charges.

Thanks for the info

Just be happy you did not get cited for contributing to the deliquency of a minor.

o i am happy. i thought up another question. what if cops show up and say that someone called them and said they saw someone appearing to be underage carrying alcohol into the house? do the cops still have to see something?

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Quoting mhalweg

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o i am happy. i thought up another question. what if cops show up and say that someone called them and said they saw someone appearing to be underage carrying alcohol into the house? do the cops still have to see something?

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I hope your not going to plan another party. Because if you are, you might as well go down to the police station and introduce yourself to every officer down there.


The police are called and complained to by another tax paying citizen. The police show up to check on the complaint. You answer the door, they tell you why they are there. Then they ask to see ID's, you allow them to come inside and look around. They check id's on all subjects they see, they issue tickets for mip, and what ever else. They leave, you hope they do not return later on.

The police are doing there job. Now you can argue that they could not see in the house all you want. But when you open that door, they can clearly see in the house or building. All they need is to see one person drinking they believe is underage. Yourself being intoxicated answering the door. If your age is questionable that gives them reason to check id's.

sounds good. thank you sir

thought of another question. the cop said that they receieved a noise complaint, am i entitled to know who?

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Quoting mhalweg

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thought of another question. the cop said that they received a noise complaint, am i entitled to know who?

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If it goes to trial, you can get that information through discovery if it is available. If the caller was "anonymous" you'll be out of luck. If they are listed as a witness, then your attorney would know. if there is no court proceeding, then it would be governed by public records laws in your state. Depending on the laws in your state, they may not have to provide that information to you. As a practice, the officers in the field generally are not going to give that information to you even if they DO have it available to them.

It's generally a bad idea to tell a bunch of semi-inebriated partygoers which neighbor ratted them out. :cool:

- Carl

thx for the info. i have another couple questions.

is it a crime to hide underagers in closets etc if the cops are about to come in?

can i get a ticket if i am hosting a party but not providing any underagers with alcohol?

thanks

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Quoting mhalweg

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thx for the info. i have another couple questions.

is it a crime to hide underagers in closets etc if the cops are about to come in?

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It depends on your state. In mine, we might charge you with resisting, delaying or obstructing a peace officer ... and, perhaps, contributing to the delinquency of a minor, etc. In that case, the kid gets turned over to mom and you go to jail.

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can i get a ticket if i am hosting a party but not providing any underagers with alcohol?

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Depending on state law, yes. You don't get a free pass for being the responsible adult and then permitting kids to drink. We call that a "crime".

- Carl

thanks[/QUOTE]

To further what BigCountry said: "Remember that your actions today can decide your future for tomorrow."

Remember that your actions today can decide someone's future for them tomorrow.