Legal Question in Criminal Law in Ohio

Undercover Police/Underage Drinking

Recently had a party at our house off campus at Ohio State University for a Saturday game. There were a lot of people but it wasn't crazy and was 11 am. We had construction fencing up and signs that said No Enterance, private party, 21 to drink, etc etc all over. Seven undercover cops came in and started cuffing people underage holding beers. I was cuffed and spent 10 hours in jail with around 8 others. I was just wondering if police are allowed to come onto our property with our signs and all and up on our porch, etc.


Asked on 9/27/08, 10:08 pm

1 Answer from Attorneys

Bradley Miller Miller Law LLC

Re: Undercover Police/Underage Drinking

The answer to your question, like many other in the legal world, is "it depends." If the police are walking past and see a crime being committed, they can enter private property to investigate. In walking past your house, was there anything that might have given the police reason to believe illegal conduct was taking place? Depending on why the police first entered onto private party though, it is possible that the arrests were invalid.

Generally, police cannot enter a house without the permission of the owner or occupant, unless they see something that makes them believe a crime is being committed. If you are inside a house, it is much less likely that the police will be able to see anything that appears to be a crime.

I would suggest speaking with an attorney about the situation. There can be very serious consequences with the university beyond just the legal ramifications. An attorney can help explain these to you. He or she can also go over the "raid" in more detail to see whether it was valid or not. If it was not valid, the attorney can help you fight the charges.

If you have additional questions or if there is anything else I can do, please don't hesitate to contact me.

Read more
Answered on 9/28/08, 12:03 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio