Legal Question in Criminal Law in West Virginia

Searching a home without a warant

Last night my son, who is 18 years old, was at a friends home with a few of their other friends. Around midnight a 16 year old boy came to the house and brought beer with him. He was not asked to come, but just showed up. A few minutes later the city police showed up and asked to come in the house. They let them in. The police then wrote all the kids a ticket for consumption or possession of alcohol. (In this state you must be 21 to consume alcohol.) My question is, can they just come in a home without a warrant, in the privacy of another home, and if they can't will you please relay to me the law on this matter.


Asked on 1/21/01, 6:01 pm

1 Answer from Attorneys
Michael Wilson Michael T. Wilson, Attorney and Counselor at Law

Re: Searching a home without a warant

Your question stated the following in the fact pattern: "A few minutes later the city police showed up and asked to come in the house. They let them in." The officers were given permission to enter and while there they allegedly observed individuals who were under the age of twenty-one years possessing a substance which was declared to be contraband "alcohol" because of statutory proscription. I would suggest that you consult local legal counsel and see what can be done to extricate your son.

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Answered on 2/19/01, 1:00 pm


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