Legal Question in Civil Rights Law in Wisconsin

If we hold an underage drinking party (we're in college) and the police come, can they come in our house without our permission or search warrant? ie. Probable cause. This is in Wisconsin.


Asked on 10/24/12, 2:20 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

This is more appropriately a criminal law or municipal law question, as opposed to a civil rights question, however, I will attempt to give my best answer, although I do not practice criminal or municipal law. I believe that if the police have probable cause to believe that underage drinking is occurring at the house, especially if they would happen to see an underage person with an alcoholic drink in his or her hand, or saw underage people coming out of the house, seemingly intoxicated, or they saw two people fighting, etc., they may be able to enter the home without consent, but they might also be able to obtain a search warrant quickly to enter. Also, if the party is "open," then the police might be able to walk in, just as any other party-goer could walk in. Also, be aware that if an underage person who was drinking at the party and left intoxicated, and later caused an injury or even worse, a death, from driving, etc., those who hosted the party might also be found to be liable, both potentially criminally and civilly.

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Answered on 10/25/12, 8:30 am


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