Legal Question in Criminal Law in Virginia

Underage Drinking

What procedure is required for police to enter a private residence, administer breathalizer tests and ticket underage minors for drinking?


Asked on 1/19/09, 2:34 pm

2 Answers from Attorneys

Fleet Tilden TildenLaw

Re: Underage Drinking

Generally "house parties" and under age drinking are investigated after a report from a neighbor. If in plain view from outside the residence or invited in, the officer may be able to enter the residence and conduct an investigation.

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Answered on 1/19/09, 8:18 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: Underage Drinking

They would certainly have to have probable cause -- unless the owner of the house let them in.

They would have to have reason to believe that minors inside the house were drinking. If there were adults there also, the mere presence of alcohol might not be enough because the adults could be drinking but keeping it from the minors.

Since there is no imminent danger to anyone, they would probably need to have a warrant, not just barge in.

However, what usually happens is that they knock on the door and say "Can I come in?" and someone answers "YES."

Unless someone said "NO, you can't come in," the objection may have been waived.

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Answered on 1/19/09, 2:45 pm


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