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Just a quick question to clarify things for me. So you can only violate someones right to privacy at their residence if you have a search warrant, consent, or exigent circumstances.

Friday night you are on patrol and receive a report of noise complaint. Pull up and its obvious that there is a party going on inside. You knock on the door and no one answers.

Being that this condition is a breach of the peace, can you enter to quell the disturbance or must you still apply for a warrant?
 

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Interesting question... If all possible attempts have been made by the PD to contact the homeowner(s), and people inside still refuse to open the door, I would think that the PD would need to call the judge to get a warrant for forced entry in the nighttime. Although, I have never heard of obtaining warrants just to gain access and not search... interested to hear from the LEO's on this myself.
 

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Do not need a warrant to gain access to stop an ongoing breach of the peace. Reasonableness is the key. Don't go kicking in doors for 10 kids drinking beer. I always opted for calling the tow truck and announcing over the P.A. that mommy and daddy's cars are about to be towed...funny how fast they come out!!!!!
 

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Quick burst of OC under a door or window gets their attention also.. Best is if you can make your way into the basement (triple deckers work out real well) and pull the fuses or pop the switches.. Lay in wait in the dark and suprise!!!!
 

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Good case to look at for an underage house party, House V. Hitchcock. It basically says underage drinking is considered a public safety issue, and if you know that an underage party is going on, you can make a warrantless entry. As far as an adult house party, warrantless entry is good to quell the the disturbance, as long the breach of the peace is occuring in your presence.
 

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Remember the Two Prong Test

1. most people would find it unreasonable and disruptive.

2. did in fact infringe someone's right to be disturbed (That also includes the officer/s)

Note:------ The Commonwealth has also recognized an Anticipatory or Prospective Beach of the Peace for a warrantless arrest. See/Read Commonwealth V. Gorman 288 Mass 295 (1934)




With that reminder of mass police law 101 here are some case laws to support a warrantless entry dwelling to suppress a disturbance

Commonwealth V. Mullins, 31 Mass. App. Ct. 954 (1991)

Commonwealth V. Tobin, 108 Mass 426, 429 (1871)

Ford V. Breen, 173 Mass. 52 (1899)

MGL CH 41 Sec 98 states A Police officer is authorized to effect an entry into any building to quell a breach of the peace


However I agree with Chief801 ticket and tow their cars is a great option
 
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