
You’re busting a move on the dance floor, crammed between 50 inebriated guests. The music is pumping, the keg is flowing, and everybody’s grinding. Suddenly, someone yells, “The cops are here!” Panic ensues.
If you’re at someone else’s house, you have little to worry about (if you’re underage you can usually just walk away). But if this happens at your house, it’s up to you to stay in control of the situation and deal with the cops yourself.
So what do you do when the 5-0 comes a knockin’ with a mind to shut things down? Well, the law is actually on your side, so read on to learn the do’s and don’ts when protecting your house party from the fuzz. Keep in mind throughout this article that your number one goal is to keep cops from entering your home and completely shutting the party down.
Before You Meet the Cops at the Door
1. Keep all evidence of illegal activities hidden.
This is obvious but vitally important. Illegal items in plain view (like your 4-foot bong) provide enough evidence for cops to enter your house. Once inside, they are (depending on the police officer) more than likely to send everybody home. That’s why your number one mission is to keep the cops outside your house – so you can deal with any issues like noise, then keep the party going. Ideally, nobody inside should even know the cops showed up. (See How to Cop-Proof Your Party to minimize your risk).
2. Do not let anyone else open the door for the cops.
Make sure you tell people upon arrival that you are the only person allowed to open the door if the police come. Even if a cop yells through a window at a guest to open the door, make sure they immediately get you rather than let them in.
Why? Because if a guest lets the cops in, your gig is up. (We’re talking college house parties here). Once inside, they have free reign to completely shut you down, and they’ll probably search your sacred living space as well. (Talk about being violated). Don’t get me wrong, I have only love for police officers. Their job is to keep us safe and I have all the respect in the world for them. However, if you end up with a pair of officers who are having a particularly bad day, they will make it their mission scare the living crap out of you and leave you feeling violated in your own home. That’s why you don’t let them inside in the first place!
At bigger parties, there is always a group of people loitering in your entranceway. Ask them to make a choice: stay inside or go outside. Otherwise, if cops come, they will sail right through that open door without asking permission – and by law they can say that guests gave them permission to enter your house.
You must avoid this situation at all costs. Whoever is working the door must make sure it is shut immediately after people enter or exit. Your right to protect your home from being searched disappears if someone else lets the cops inside.
Meeting the Cops Outside
3. Meet the cops outside and immediately shut the door behind you without letting them in.
Take a deep breath, calm yourself (cops are people just like you and me), and step outside. Immediately shut the door behind you. Shutting the door is key and serves multiple purposes: it prevents the police from walking right by you and going inside, it stops the smell of intoxicants from escaping (which can be used as “evidence” to search your house), it lowers sound levels, and it stops the police from viewing any incriminating evidence left in plain view.
4. When talking to cops, be non-confrontational and calm.
Ask, “How can I help you, officers?” Be nice and remember that cops exist to protect us. Treat them like you would any unexpected visitor. You’ve got nothing to gain – and everything to lose – by being hostile. Even if the officers yell at you to let them inside, remain calm and courteous. Put yourself in their shoes. Imagine you’re a cop and you show up to a loud party: if the host turns out to be a punk and acts like an ass, you’d want to bust him, too.
5. Show respect for their authority by using the title, “Officer.”
Police officers put their lives at risk in order to make our neighborhoods safe. So treat them with the respect they deserve. Call them by their official title, “officer.” You have nothing to lose by showing you are aware of their authority, and some cops actually take offense if you don’t. Cops like it when you acknowledge their superiority. They take being respected seriously, and so should you.
6. Determine why the cops are there.
Sometimes cops show up for completely unrelated reasons. One night in high school, I was parked on the side of the street with a friend and noticed a police cruiser pull up. The officer in the passenger seat began questioning us, insinuating that we had been doing something illegal. It turns out the cop was actually looking for a man who was harassing nearby residents with a laser pointer. The moral of the story: Don’t assume the cops know what illegal things you’ve been up to even if they pretend they do know. (Luckily, he didn’t notice the endangered panda I’d captured that was shooting up heroin in my backseat).
It may be that the cops at your door are asking about a crime that happened down the street. More likely though, they came because of the noise complaint caused by your drunken friends singing along to “What is Love.” With some luck, though, the officers will leave if you agree to turn down the music.
7. Do not ever consent to a search or let the cops inside without a warrant.
Your job is to protect your home at all costs. Do not, at any point, consent to them entering. Police fficers won’t tell you that you have the right to refuse their entry. But you do have that right, and it’s your responsibility to exercise it.
Explicitly state that without a search warrant, you can’t let them inside. The only reason cops ask you if they can enter is because they don’t have enough evidence to search without your consent. I repeat: The only reason cops ask you if they can enter is because they don’t have enough evidence to search without your consent.
If you do not give them your consent, they cannot enter.
Tell the officers you understand they’re doing their job and you will keep the music down. Then ask if you’re free to go. It doesn’t matter what they say; there’s never a reason to allow them into your home.
If the cops say: “If nothing illegal is going on inside, then you have no reason not to let me in.” [They may then try to walk by you, interpreting your silence as consent]…
Respond: “Officer, I know you’re doing your job, but I do not consent to any searches. I’ll happily turn the music down as soon as I go inside. Am I free to go?”
This response will stop them from entering without a warrant. (If they do enter anyway and find illegal items, your attorney will throw out the case because the items were discovered through an illegal search).
Letting the police inside gives up your fourth amendment right protecting you from unreasonable search and seizure. Most police searches happen because people unknowingly waive their fourth amendment rights by consenting to warrantless searches. Keep in mind that “consenting to warrantless searches” could mean standing idly by as the cops try to walk inside the front door. You must actively NOT consent to searches.
If the cops say something like, “We have to do a routine check to make sure everything is okay inside,” they’re trying to trick you into giving up your rights.
If they begin to put the pressure on to let them in, simply answer their questions with questions.
8. Answer their Questions with Questions (“Am I Free to Go?”)
If they say: “I smell pot. Are people smoking marijuana inside?”
You respond: “Sir, I don’t smell anything. Am I free to go?”
If they say: “We need to do a routine check inside.”
You respond: “I will keep the music down, officer. Am I free to go?”
9. Either tell the truth, ask a question or remain silent. Do not lie.
Cops can tell when you’re lying. They’ve busted way too many parties to fall for any bull. So don’t do it. You’ll just piss them off and give them a reason to bust you.
Take a cue from politicians and avoid telling the truth by changing the subject.
If they say: “It sounds like there are underage drinkers in there. Are you supplying alcohol to minors?”
You respond: “Officer, if the music is too loud, I will turn it down. Am I free to go?”
Way to avoid the question! You’re becoming a pro.
If they continue: “You didn’t answer my question. Are you supplying alcohol minors?”
Then make sure you…
10. Do not answer any questions about illegal activities without your attorney there.
If they say: “You didn’t answer me. Are you supplying alcohol minors?”
You respond: “Officer, I have nothing to say until I speak with a lawyer. I will turn the music down as soon as I go inside. Am I free to go?”
If you don’t feel comfortable answering their questions truthfully, don’t say anything at all. In this case, silence is golden. Remember: anything you do say will be held against you later, and anything you don’t say can never be held against you. Don’t give them anything to work with. You can’t get in trouble for not answering questions.
In fact, in some cases, not answering questions may be the only way to not get busted. Remember that if the cops don’t have evidence or consent, they can’t enter. Since refusing to answer questions does not count as evidence, it can work in your favor… even if it feels extremely awkward at the time.
Unless they think you’re running a human trafficking ring, there’s no way the cops will get a search warrant for your house – particularly on a college campus where house parties are the norm. If you remain calm, respect authority and agree to turn down the music, you should get off fine.
11. In the end, remember that you are responsible.
As the party organizer, you are legally responsible for what goes on at your house. If there’s a lawsuit (i.e., a drunken frat boy cuts his hand when punching through your stained glass window and wants you to pay for the medical bill), you can be held liable. In addition, the presence of drug paraphernalia, poppers or even glow sticks can be used by the police as evidence that drugs were available at the party. A citation for contributing to the delinquency of minors is quite a blemish on the resume. So don’t drink too much that you can’t take charge of the situation if the need arises.
It’s your responsibility to exercise your rights when it comes to protecting your house from searches. The law is on your side, so use it. No evidence and no consent means no searches.
Now let the merrymaking commence.
Summary of Important Points
- Keep all illegal activities out of plain view
- Don’t let anyone but you open the door for the cops
- Immediately shut the door behind you to distance the police from the revelry inside
- Be calm and non-confrontational
- Respect the police’s authority and use the term “officer”
- Determine why the cops are there
- Tell them you do not consent to a search
- Do not let them in without a warrant
- Answer their questions with questions, like, “Am I free to go?”
- Either tell the truth or don’t answer when questioned
- Do not admit to anything illegal without your attorney there
- Always stay sober enough to deal with a run-in with the law
I do not claim to be an expert in party-related laws. If you have specific questions like, “what if X happens and the cops do Y?” do not ask me – I won’t be able to answer. This post is not legal counsel. It’s simply my personal take on dealing with cops based on my battle-tested party-throwing experience and tactics to prevent illegal searches of your sacred home.
Now read: How to Cop-Proof Your House >
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