Legal Question in Criminal Law in Indiana
Minor consumption and drug use
A minor is hosting a party at a private home with all minors. Both alcohol and marijuana are present at the party. The cops come to investigate the party. When they come to the door, is the host required to open the door or let them in? What are the cops alowed to do in such a situation and what are the consequences for the host of the party?
1 Answer from Attorneys
Re: Minor consumption and drug use
If the police are responding to call, due to excessive noise, they certainly can go to the home and investigate. If the door is opened and the police can detect by sight that a criminal activity is in progress, they can react accordingly. Otherwise, if they ask to come in because they suspect something, they do not have to be allowed in.
Yet, if the police feel that some type of criminal activity is in progress, they may obtain a search warrant. This is an order of the court allowing a search, which one would be obligated to honor.
The home owners liability would depend on whether such acitivity was know to be in progress or would be. The host may also have a problem depending on the facts, but likely he/she would have some difficulties.
If you wish to provide greater detail I may be able to give you a clearer answer which you may be you seeking. You may contact me at 317 686-0000 or email me at [email protected]
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