Consumption / Possesion of Alcohol

[biliabong6]

What is the name of your state?New Jersey:

Im 19 living in New Jersey and I was at a house party in NJ. Cops came in the front and back, and I was one of the persons who was grabbed.

I was charged with Possession and Consumption of Alcohol on private property.
However, I am wondering if they can actually charge me with it for the following reasons:

A) Consumption - The cops never breathlyzed me. They never asked me if I had a drink. They just assumed I was drinking. So how can I be charged with consumption???

B) Possession - I threw some beer that was in one closed, concealed bag into the garbage bag. The cops then took the closed bag out of the garbage can, opened the bag. I asked them if they needed a warrant to go into the trashcan and search my bag. They said "Be quiet or we're bringing you down to the station right now."

Can anyone give me some advice???

[islandripper]

Yo bro, sucks getting nabbed doesn't it. You should of ran and never looked back. Most cops are too fat to catch you. I was caught for underage drinking a bunch of times when I was underage, a couple times in long beach island. If they smelled beer on your breath or if you were noticeably intoxicated, they can charge you I think, but I'm not a lawyer or anything. they might of only gave you a ticket, but there is definitely a police report with all the details of your arrest, you should try to request a copy of this and see if it's worth fighting. If the details are sketchy, fight it full force, you'll win. You are probably a lot smarter than the cop who arrested you, and is getting his jollies writing a bunch of underage drinkers tickets. He might get his jollies, but he still has to go home to his fat, ugly wife and small penis size at the end of the day. They don't need a warrant to search your bag, but I may be wrong, I think it's reasonable suspicion. My advice is use your resources of who you know in town, i.e. friends who dads are cops, and usually if it's your first offense and they know you to be a good kid they'll tell the officer that wrote the ticket to drop it. If you don't have connections, plead not guilty if you feel you have a strong enough case, it might cost you an extra hundred bucks in court costs though if you lose. Hopefully you denied drinking the whole time the cop was writing you the ticket. Either way bruddah, no worries, these fines are bull**** and shouldn't even exist, everyone drinks underage. It's just another way the man is holding us down. If you didn't drink underage, man you are taking life way too seriously. this is a hassle, believe me I know. The only good thing, it's only a summary offense, and will not really effect you when you go for a job. Anyway, fight it, **** the police. Good luck. pura vida

[Florid-aise]

Originally Posted by biliabong6

What is the name of your state?New Jersey:

Im 19 living in New Jersey and I was at a house party in NJ. Cops came in the front and back, and I was one of the persons who was grabbed.

I was charged with Possession and Consumption of Alcohol on private property.
However, I am wondering if they can actually charge me with it for the following reasons:

A) Consumption - The cops never breathlyzed me. They never asked me if I had a drink. They just assumed I was drinking. So how can I be charged with consumption???

B) Possession - I threw some beer that was in one closed, concealed bag into the garbage bag. The cops then took the closed bag out of the garbage can, opened the bag. I asked them if they needed a warrant to go into the trashcan and search my bag. They said "Be quiet or we're bringing you down to the station right now."

Can anyone give me some advice???

The now world famous, SeniorJudge, will be along shortly to put the finishing touches on the Fourth Amendment issue that may be a concern here.

I wonder myself, how the cops were even permitted to enter the interior of a dwelling without a warrant? (Through the front door - AND - the back door? There is more to this story.)

It would take more facts to determine if they were legally permitted to enter. I would imagine a good case could be argued that if they were, then they would have had to have seen you throw the beer in the garbage can. If they entered illegally, then everything that they did after that is absolutely inadmissable towards your prosecution.

The attorney that you hire, or the attorney that the court appoints you, will challenge the police entry in court. Believe that.

[JETX]

Originally Posted by biliabong6

A) Consumption - The cops never breathlyzed me. They never asked me if I had a drink. They just assumed I was drinking. So how can I be charged with consumption???

Apparently, very easily.

Possession - I threw some beer that was in one closed, concealed bag into the garbage bag. The cops then took the closed bag out of the garbage can, opened the bag. I asked them if they needed a warrant to go into the trashcan and search my bag.

They don't. Are you the owner of the property?? If not, then you had no 'expectation of privacy' in the trash. And even if you did, the officers have the right to 'recover' the evidence that you tried to dispose. Haven't you ever watched 'Cops' and seen the officers pick up the bag of drugs that the low-life threw down??

I just love it when these people break the law then, rather than be mature adults and accept the consequences of their own actions, they somehow try to spin it to where the other people are at fault.

Can anyone give me some advice???

Your own post admits that you were breaking the law. Be responsible. Accept your punishment and learn from it.

One more thing.... your innocence or guilt cannot be determined on an online forum after hearing only your naturally biased version of the facts. You need to have your attorney present your 'defense' to the court and convince them. So far, you have not been successful in doing so.... at least to me.

[Florid-aise]

Jet, I agree that there is no expectation of privacy in a trash can in or on the curtilage outside a dwelling, but the Fourth Amendment still requires a warrant or probable cause or exigent circumstances to enter the interior of a dwelling. This trash can was on the inside.

If the entry was in error, nothing obtained as a result is admissible. Fruit of the poisonous tree.

[JETX]

Originally Posted by Florid-aise

Jet, I agree that there is no expectation of privacy in a trash can in or on the curtilage outside a dwelling, but the Fourth Amendment still requires a warrant or probable cause or exigent circumstances to enter the interior of a dwelling. This trash can was on the inside.

If the entry was in error, nothing obtained as a result is admissible. Fruit of the poisonous tree.

HUH?? There is NOTHING in this thread that even suggests improper entry. And though not provided, it would appear that the officers were responding to a (likely noise) complaint and in the process, discovered the illegal conduct. Now, if the writer cares to return and provide an explanation for why the officers were there.... great.

[Florid-aise]

JETX-

It is obvious to me, that there are not enough facts posted by our OP, in this thread thus far, that would indicate why the officers were there in the first place. You are more than likely correct that it may have been a noise complaint. We have no way of knowing just yet.

Something about officers coming in both the front door and the rear door at the same time, gives me pause to consider there is far more to this story than has been posted to this point.

[JETX]

Originally Posted by Florid-aise

It is obvious to me, that there are not enough facts posted by our OP, in this thread thus far, that would indicate why the officers were there in the first place. You are more than likely correct that it may have been a noise complaint. We have no way of knowing just yet.

Agreed. And even further makes my point that your 'presumption' of illegal entry or search was not 'logical'.

Something about officers coming in both the front door and the rear door at the same time, gives me pause to consider there is far more to this story than has been posted to this point.

Agreed.

[biliabong6]

JETX...

Yes you are correct, it was a noise complaint that brought the police (actually 8 officers, only 3 with uniforms, the rest in street clothes)...There were only 5 people who got in trouble; the four people who owned the house (all 21+) and (I did not know them) and me. The other 50 kids at the house got to leave with no problems even though a girl was puking in the road. Also, at this party I am more of a 'hippi' looking person compared to the rest of the people there...I asked the cop if I could go with my two friends who were waiting out front and he said "...they can leave, but you're staying with me."

Everyone window in the house it covered with aluminum foil, that is they could not see anything inside the house (although the girl puking in the street could be probable cause?, but hehe she didn't get charged with anything!!!)

And JETX, you said "I just love it when these people break the law then, rather than be mature adults and accept the consequences of their own actions, they somehow try to spin it to where the other people are at fault."...

If I did break the law I will accept responsibility, no doubt. I am making sure that I did break the law. But thank you for your input it is greatly appreciated.

[Florid-aise]

Originally Posted by JETX

Agreed. And even further makes my point that your 'presumption' of illegal entry or search was not 'logical'.

Not to beat a dead horse. Well, not to over-beat one in this case, but**************

I make no presumptions whatsoever of any illegal entry or "illogical" presumptions. Let me tell you why. Whether or not our OP tells us the rest of the story or never does, with or without a more detailed accounting, the entire issue of obtaining a conviction on the charge being prosecuted, turns, entirely, on whether the police in this instance had a warrant to enter and search - or probable cause - or there were exigent circumstances. Period.

Nothing more than a generalization of the basic requirements placed upon the government operators in obtaining evidence of criminal activity....and not one thing less.

[JETX]

Originally Posted by biliabong6

If I did break the law I will accept responsibility, no doubt. I am making sure that I did break the law.

That seems clear from your own post:
"Im 19 living in New Jersey"

"The cops never breathlyzed me. They never asked me if I had a drink. They just assumed I was drinking." A person who was NOT drinking would have said so.... I guess you admit to having been consumed alcohol at 19 years old, right? And that would be guilty of the 'consumption' charge.


"I threw some beer that was in one closed, concealed bag into the garbage bag."
And that would be guilty of the 'possession' charge.

Okay, do as you said.... "accept responsibility".

The now world famous, SeniorJudge, will be along shortly to put the finishing touches on the Fourth Amendment issue that may be a concern here.

Heavy lies the mantle, etc.

Let me just start off this discussion by saying that ANY warrantless search is suspect. This MAY be a search incident to an arrest and would thus allow the search of the premises for the safety of the cops.

Q: Consumption - The cops never breathlyzed me. They never asked me if I had a drink. They just assumed I was drinking. So how can I be charged with consumption???
A: The cops do not have to ask you anything. If they can articulate in court that you were intoxicated, then that may be enough for a conviction.

Q: Possession - I threw some beer that was in one closed, concealed bag into the garbage bag. The cops then took the closed bag out of the garbage can, opened the bag. I asked them if they needed a warrant to go into the trashcan and search my bag. They said "Be quiet or we're bringing you down to the station right now."
A: If this trash can was outside, then you had no expectations of privacy whatsoever and the search and seizure was legal. If the trash can is inside, then the search may be okay under the theory that the cops had no idea what you threw in the trash can and then looked in their to protect their safety.

[Florid-aise]

Originally Posted by seniorjudge

Heavy lies the mantle, etc.

Oh my goodness how IALMAO.....