Thank you for your response. I am not trying to get him off or anything like that. I simply am just a curious person.
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.It is when it's in the actual or constructive possession of a minor.
I only meant to rule out an arrest as cause for searching the home.You believe that's relevant to what?
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: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.
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.

