heres the question, last night i had a party at my apartment and my friends were there. i am 21, but most of my friends are 19 and 20. we got a noise complaint and the police showed up to my apartment door. i opened the door and stepped outside. they ID'd me and found that i was 21. then, without my permission or a warrant they went into my apartment and found everyone was under 21 and immediately gave them all MIP's and they gave me distribution to a miner. my question is did they have probable cause to enter my apartment even after they saw that i was 21? i know the landlord cannot give them the necessary permission to enter my apartment, as it was in my contract. do i have a chance at getting this ticket thrown out if i take it to court?
2 Answers from Attorneys
Not likely. The police were still investigating the noise complaint and they certainly have a right to interview people at the party. If they are minors and drunk, bingo. If you would like to discuss further, please visit me at www.kliszlaw.com Tim Klisz
Did you skip the part when they asked you who was making all the noise?