Friday, March 27, 2009

Noisy Parties

I get a lot of e-mails about breaking up noisy parties. Officers are particularly vulnerable to civil suits when they enter premises simply based on the complaint of a neighbor. These suits can get very expensive when party goers get hurt. Best careful on this one.

Consent
My advice is that if you can consent to go into a noisy party, you can go in. The limits / scope of the consent is what you ask. If you ask if you can come in, you can go into the house. You can't go roaming around the house in search of underaged drinkers -- or whatever, unless you ask for consent to do that from a person who had at least joint access to the areas of the house you want to search.

Exigency / Emergency
The Illinois courts have ruled that noisy parties -- even under-aged noisy drinking parties -- are not exigencies.

Officers may, of course, enter if they get a 911 call that someone has passed out, etc. but such calls must be treated as emergencies as it relates to the party who is in trouble.

Search Warrant
Many states provide for telephonic warrants. Officers should get their lobbyists to pass legislation providing for the procurement of telephonic warrants to enter noisy parties.

Noise Ordinances
I also suggest very stiff noise ordinances that impose heavy fines on owners that permit noisy parties on the premises.

Back Yards
Back yards that are fenced are usually protected by the 4th Amendment. Be careful about enter them without a warrant or consent.

Best -

DA

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