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Question about high school parties, laws, and cops?

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Question about high school parties, laws, and cops?

Postby artek57 » Sun Jun 10, 2012 12:53 am

Ok well first off let me just start my saying I am not throwing a party or this question is asking for advice on how so don't comment saying it's a bad idea don't do it because that is not what I'm asking.

Ok well today in school we were talking about kids in high school throwing parties in their house with alcohol and what happens if the cops come and I actually heard a lot of things I didn't know could happen. A lot of people in my class were saying if you throw a party with alcohol there and the cops get called, they can not physically come into your house without a warrant and can not get anyone in trouble if you all remain inside the house like not being on outdoor property or someone elses. But then some other people were saying if the cops catch you having a party and they open the door and there are minors drinking in the house, the owners of the house can have their property taken away forever. And then another kid argued and said "well you can sue them if they didn't have a warrant to come into your house in the first place". Also the topic came up of facebook pictures and stuff like that if you are drinking or are holding alcohol in the picture, someone said if you keep denying they can't prove anything..for example if there is a beer pong table set up with beers on it and you are standing next to it you could say you never drank it was for my older siblings or something like that or even if you are drinking it you could say it was really root beer i put in it to make myself look cool. So I'm sorry but i just need some real answers on this because i was curious if that would actually happen.

1. If you are having a party in your parents house, they aren't home and the cops knock on the door and you answer and step outside and shut the door behind you and say there is nothing going on sorry for the loud music (if thats what they get the call about) i'll turn it down and they insist on coming in but they cant physically show you a warrant, can you refuse to let them in?

2. If they asked for your parents and you said they aren't available to talk right now, can they do anything?

3. Would it be different if you were 18 rather than say 16?

4. If they do come into your house without a warrant and do find minors drinking, would you get in trouble or them?

5. If the cops see pictures of you online drinking or being involved with alcohol and you get in trouble for it..can they actually prove anything?

6. Also can cops give minors breathalyzer test without parent consent? Not if they were driving if they were just at a party that got busted or walking on the side of the street at night minding their own business.

7. Ok sorry last one but say if the cops did have a warrant and everyone got in trouble would the parents of the house actually got it taken away? That sounds a little extreme..with that being no one got hurt or died or anything serious. Would it be different if the parents were in the house the whole time either?

Sorry for all the questions is just seems to me these rules are very complicated and aren't so black and white. Thanks!!
artek57
 
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Joined: Fri Apr 01, 2011 3:38 pm
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Question about high school parties, laws, and cops?

Postby colten » Sun Jun 10, 2012 12:54 am

That's a lot of reading haha. I am answering with the laws for Washington state. But most laws are the same.
1. If you are having a party and slam the door on the cops, that is obstruction of justice(obstructing a police investigation or police work). If you open the door and close it they would most likely put their foot in the door and enter. The most common thing for police to do is say they smell weed and then they are legally allowed to enter the premises without a warrant.
2. I don't know what they would do if your patents aren't home and they asked.
3. If you are 16 and caught with alcohol you would be charged with minor in possession and under age drinking. If you are 18 you are usually given a ticket for underage drinking if you cooperate and the cop is nice.
4. If they come in, they need probable cause to enter the premises. If they enter without it then they would get introuble.
5. No, all you would need to say is that it was fake and you were trying to show off.
6. In washington, parental consent is required if the person is under 12. So if the person is over 12 then the police do not need consent. If they got caught at a party a cop would ask if they had been drinking and ask to smell the persons breath. If it smelt like alchohol than the cop do a sobriety test and/or administer a breathalyzer. If a minor is just walking and it is like 11pm and isn't walking like he or she is drunk a cop isn't going to stop. But if it is 2am and there is a curfew in your county and the person walking is a minor the cop would stop and do a sobriety test and smell the breath.
7. If the parents weren't home they wouldn't get in trouble because the kid let the other kids in.
But, if you have a party and there is alchohol, and you get busted you would be charged with supplying minors with alchohol, minor in Posession, and probably noise complaints. Also all those kids who would get caught would all be charged with minor in possession.
And in my state, minor in possession after diversion program means you get your license suspended for 3 months. If you don't do diversion program it is suspended for a year or until you are 18, whichever is longer.
colten
 
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Joined: Sat Apr 02, 2011 1:54 am
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