Could the police enter with lack of search a warrant? 1 Answers as of February 22, 2011If a police officer enters a house without a search warrant after the door is opened by a non-resident of the house, and were not invited by anyone to enter, is that legal? There were alcohol cans in plain sight, but there was no one in reach of any who were not legal adults. The house is owned by an individual who is above 21, and his over age sister was present also. There was also a person who is on probation that is over 21, a minor who is 17, and two 19 year old females. The police breathalyzed almost everyone. The minor blew 0.067, the person on probation blew also, but one of the 19 year olds blew 0's. The other 19 year old refused to be breathalyzed and left the premises. The police officers searched the entire house and upended furniture and pulled drawers out, and wrote the owner up for procuring, possession of less and an ounce of marijuana, and possession of drug paraphernalia. The 17 year old was written up for MIP, and so was the 19 year old. Is this permissible, or is this an infraction of justice?
Law Office of Brendan M. Kelly | Brendan M. Kelly
Sounds like the search may be a problem. The fact that a non-resident opens the door is meaningless do to the fact that the cops don't know who is a resident and who is not. Cops don't know that the alcohol in full or empty so again meaningless. The attack will be the lack of a warrant. You need a lawyer.
Answer Applies to: Nebraska