Legal Question in Criminal Law in Massachusetts

Police entering a residence with an unlocked door for a noise complaint

Friday night I was at a friend's house. I poured myself a beer into a blue cup and we were listening to music that might have been a little loud. This was in an apartment complex. Then all of a sudden the police entered the apartment without knocking, someone had forgotten to lock the door. Me and a friend of mine happened to be the closest two to the door and we were arrested for possesion of alchohol by a minor. My question is do the cops have the right to open an unlocked door without consent without a warrent? I have to go to court tomorrow, and I don't know if I should try to fight it or just take the small punishment. Anyone help would be appreciated.


Asked on 5/08/05, 9:49 am

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Police entering a residence with an unlocked door for a noise complaint

It depends. You have the police report.

You should seek time to get an attorney, and then decide how it should be approached. This will determine your options. You do not have enough facts to decide if they had or had no right to come in without consent.

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Answered on 5/08/05, 5:27 pm


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