Legal Question in DUI Law in Virginia

underage possesion of alcohal

If an officer in the state of Virginia, Henrico County, is to come to your home for a noise complaint. Can see no evidence of drinking, asks to come inside your home, and before you answer has entered the premises, is that illegal? and also the unknown law of ''officer out of uniform'' all four attending officers were without hats, inside and outside my home, also were without hats when the approached the premises?


Asked on 3/12/07, 8:28 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: underage possesion of alcohal

Officers cannot enter a person's home without the permission of the owner or other person lawfully permitted to give such permission, unless exigent circumstances exist which would justify such an entrance or they have a warrant(to search or arrest) executed by a duly authorized magistrate.

However, the fact that none of the officers were wearing their uniform hats and in your view were therefore "out of uniform" would(in my view) have no relevance.

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Answered on 3/12/07, 9:21 am


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