Legal Question in Criminal Law in New York

no warrant search

Police came to my friend's house for a noise complaint from a party. There were adults and teenagers present. We had a keg of beer. They saw that and came in without asking and asked for IDs and asked the kids if they were drinking. Then they started looking around the house. Was this legal?


Asked on 12/09/08, 12:29 am

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: no warrant search

The police do not have to have a warrant if they have probable cause to believe there is a crime occuring... And more importantly if they can see the crime occuring before them.

I the case you described it would seem as if any reasonable officer would see the keg, and see the age of the individuals and assume that the law is being broken, that's is a very reasonable leap.

If there have been criminal charges I would suggest that you seek to hire an attorney to assist you.

You may reach our office at 212.709.8303

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Answered on 12/09/08, 2:20 am


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