Police can stop a party for any reason, DPS says
February 15, 2001
Pizza boxes and loud music are only a few ways police officers can merit a search at a party. Once a probable cause is established, the music stops and the party is over.The Ames Police Department and the Department of Public Safety break up parties weekly. Tom Shelton, Ames community resource officer, and Jerry Stewart, associate director of DPS, said students should be aware of the reasons.The police can shut down any party it deems necessary, Shelton said.”If we want to get into a party, we have a list of problems that we can use to establish probable cause,” Shelton said. “Nuisance laws and the noise ordinance are more than enough to have cause.”Stewart said DPS does not have the same kind of regulations as the Ames Police Department.”We’re a state organization, so we don’t have the noise ordinance,” Stewart said. “There is not a decibel limit in the state statute.”Stewart said noise is classified as a generic disorderly conduct violation under state code. Initial notices of noise disturbances from the dorms are referred to the residence halls.”Whenever possible, we relay initial complaints to the residence halls so they can handle the problem,” Stewart said. “If it continues, we will respond.”As far as legal action is concerned, Stewart said if a student is in a dorm room with the door closed, the student does not risk arrest if a loud stereo is the only observable problem.He said if DPS cannot establish probable cause to get a search warrant, a search of a dorm room can only be performed with consent.Shelton said most often neighbors notify the police about off-campus parties. The city of Ames uses decibel meters to determine when a party is in violation.Decibel levels must be kept below 60 decibels before midnight, Shelton says. After midnight, the limit drops to 55 decibels.Shelton said some nights the police take extra caution to assure citizens’ safety.Shelton said it is possible to get a permit so noise levels can exceed normal city limits. Permits are generally given for 4 p.m. until 9 p.m. for a 75-decibel level. He said these permits often do not help keep a party from being shut down, and the permit is not a license to party — simply a license to be a little louder than normal.”A lot of times we can get a reading from a party two blocks from us,” Shelton said.The city of Ames mandates that readings be taken from no closer than the nearest city property. Shelton said this is usually the sidewalk in front of the party.”It’s obviously a lot louder there than it is two blocks away,” he said.Though noise is a big contributor to busted parties, it’s not the only way to end a night’s festivities early. The nuisance laws cover many bases as well. Things the city of Ames considers a nuisance include visible underage drinking, public intoxication and indecent exposure.”A pizza box in the front yard of your house gives us probable cause to search,” Shelton said. “You have to be careful if you want to risk drinking while you are underage.”A minor in possession of alcohol is fined $145, and someone found responsible for allowing underage drinking is fined $500.Shelton said he relates to the students’ dilemmas.”If you’re in Ames, you’re going to party,” Shelton said. “Not saying [breaking the law] is not a problem, but it happens — people do take the risk of getting in trouble.”