Legal Question in Civil Rights Law in New York
Noise complaint/letting the police in
We often have parties in the apartment I rent with my friends in the NYU area. We sometimes get noise complaints and the police come. Are they legally allowed to walk into the house? Can we tell them they can't enter because they don't have a warrant and just break up the party without the police walking in? When drinking is going on, is it best to have someone over 21 or under 21 speak to the police when they show up?
1 Answer from Attorneys
Re: Noise complaint/letting the police in
Generally, police cannot enter the premises without a warrant (or consent), but there are exceptions to the rule called "exigent circumstances": if there is evidence of criminal activity in "plain sight" in the house, or if the police must enter a dwelling in "hot pursuit" of a suspect who has entered it. To protect your rights, have someone over 21 answer the door, go outside the premises to speak with them and close the door behind them. Remember that the police are professionals in their use of intimidation to get you to waive your rights. But as a general rule, if the police ASK for permission to enter or search somewhere, you have a right to refuse and your refusal cannot legally be grounds to conduct the search.
Be advised that it is a crime to provide alcohol to minors.
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