Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 27
  1. #1

    Default 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

  2. #2
    Join Date
    Jun 2007
    Posts
    636

    Default Re: House Party

    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.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: House Party

    Quote Quoting mhalweg
    View Post
    Am I required to let the cops in at all? if there was an actual noise complaint?
    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.



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

    Thanks
    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.

  4. #4

    Default Re: House Party

    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?

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: House Party

    Quote Quoting mhalweg
    View Post
    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?
    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!!

  6. #6

    Default Re: House 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?

  7. #7
    Join Date
    Jun 2007
    Posts
    636

    Default Re: House Party

    Quote Quoting mhalweg
    View Post
    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?
    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.

  8. #8

    Default Re: House Party

    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.

  9. #9
    Join Date
    Jun 2007
    Posts
    636

    Default Re: House Party

    Quote Quoting mhalweg
    View Post
    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.
    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.

  10. #10

    Default Re: House Party

    okay. thanks for all the help

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Minor in Possession: Unsupervised House Party Underage Attendee Got DUI
    By azmom in forum Criminal Charges
    Replies: 1
    Last Post: 07-10-2010, 10:28 AM
  2. Providing to a Minor: Attending a House Party With Minors
    By ballisticmonkey3 in forum Criminal Charges
    Replies: 1
    Last Post: 03-21-2010, 05:19 PM
  3. Starting a Business: Legal Party House
    By sacrator in forum Business Law
    Replies: 6
    Last Post: 09-20-2009, 05:23 AM
  4. Providing to a Minor: Party at My House
    By decroo21 in forum Criminal Charges
    Replies: 4
    Last Post: 05-08-2009, 04:51 PM
  5. Minor in Possession: House party
    By Umop3pisdn in forum Criminal Charges
    Replies: 5
    Last Post: 02-07-2007, 04:18 PM
 
 
Sponsored Links

Legal Help, Information and Resources