???furnishing alcohol to a minor??

[mattkaz]

What is the name of your state? california

ok i went to 7-11 and got caught in a sting the cops setup. they had decoys posing to be minors asking for somebody to buy them alcohol. long story short i did it for the person who asked me and then the cops gave me a citation and release, telling me i have to go down and get booked later on. my question is do they have the right to search my car and my trunk without my consent? is there anything fishy about these "shoulder tap" operations that could save me? and what is the usual punishment for this type of thing?

 

[outonbail]

What is the name of your state? california

ok i went to 7-11 and got caught in a sting the cops setup. they had decoys posing to be minors asking for somebody to buy them alcohol.

No they had minors posing as minors.

long story short i did it for the person who asked me and then the cops gave me a citation and release, telling me i have to go down and get booked later on. my question is do they have the right to search my car and my trunk without my consent?

Purchasing alcohol for a minor shouldn't give them probable cause to search your vehicle.

If they had the vehicle towed then they can look through the vehicle in order to do a quick inventory of what valuables were in the vehicle when the tow company took possession of it. But if you were caught up in this sting operation coming out of the liquor store, I don't see where searching your vehicle is going to provide them with any more evidence of the crime they are charging you with.

Even if the search of your vehicle was not legal, it doesn't equate to the charges of purchasing alcohol for a minor getting dismissed. From what you've posted, they didn't violate any of your rights when you agreed to purchase alcohol for minors.

is there anything fishy about these "shoulder tap" operations that could save me?

No, aside from them casting out the bait, hooking a sucker, then reeling him/her in for the gaffing, there's nothing fishy about it at all.

and what is the usual punishment for this type of thing?

What code is listed on the citation under "charges"?

One point I should make here, is that receiving a citation is getting off real easy, when compared to what you can end up being charged with should you purchase alcohol for a minor who then gets drunk, drives an automobile and ends up injuring/killing himself or anyone else. Purchasing alcohol for minors hanging around outside liquor stores, is never a good idea, even though you think you're just doing them a harmless favor. Most people can't handle the affects of alcohol when they reach 21, so helping the local delinquents to start drinking younger than that, is heading for a lot more trouble than a citation.

 

[The Occultist]

Quincy, or anybody else with the insight, I am not sure of something, so can you please verify? If the OP was part of a "cite and release" process, does that imply that he was under arrest? And if under arrest, does that not create cause for the car to be searched? or is that perhaps only under traffic stops?

 

[CdwJava]

Quincy, or anybody else with the insight, I am not sure of something, so can you please verify? If the OP was part of a "cite and release" process, does that imply that he was under arrest? And if under arrest, does that not create cause for the car to be searched? or is that perhaps only under traffic stops?

Yes, he was arrested and charged with a misdemeanor and was released on a signed promise to appear.

No, that does not give cause (by itself) for the car to be searched, but there could be circumstances that would allow the car to be searched - particularly if it was impounded.

However, if nothing found in the car is being used against him, then there is no real challenge to be made because there is no evidence to be suppressed. However, the OP could pay a few grand for an attorney and explore a possible civil rights suit against the cops ... that'll be a crap shoot - he'd have better odds spending the money at a table in Vegas.

- Carl

 

[mattkaz]

If they had the vehicle towed then they can look through the vehicle in order to do a quick inventory of what valuables were in the vehicle when the tow company took possession of it. But if you were caught up in this sting operation coming out of the liquor store, I don't see where searching your vehicle is going to provide them with any more evidence of the crime they are charging you with.

they waited till i pulled out of the parking lot and then pulled me over.

However, if nothing found in the car is being used against him, then there is no real challenge to be made because there is no evidence to be suppressed. However, the OP could pay a few grand for an attorney and explore a possible civil rights suit against the cops ... that'll be a crap shoot - he'd have better odds spending the money at a table in Vegas.

there was nothing found in the car but if i was searched illegally don't i have something that i can dispute?

What code is listed on the citation under "charges"?

25658(a)B+P

 

[mattkaz]

my car wasn't impounded nor was anything found on me. i understand that it won't dismiss the misdemeanor but is that an illegal search?

 

[CdwJava]

they waited till i pulled out of the parking lot and then pulled me over.

Ah! Well, if the car was impounded, then they can search it bumper to bumper pursuant to an impound inventory. If it was NOT impounded, then the search could be questionable. However, subsequent to your arrest they DO generally have the right to search areas of the car that you have access to from the driver's seat.

there was nothing found in the car but if i was searched illegally don't i have something that i can dispute?

Sure. But it will cost you money to sue (likely in federal court), and without damages not too many attorneys will come knocking at your door.

How much are you willing to spend at the roullete wheel?

25658(a)B+P

Here is the section:

25658. (a) Except as otherwise provided in subdivision (c), every
person who sells, furnishes, gives, or causes to be sold, furnished,
or given away, any alcoholic beverage to any person under the age of
21 years is guilty of a misdemeanor.

And the punishment:

(e) (1) Except as otherwise provided in paragraph (2) or (3), any
person who violates this section shall be punished by a fine of two
hundred fifty dollars ($250), no part of which shall be suspended, or
the person shall be required to perform not less than 24 hours or
more than 32 hours of community service during hours when the person
is not employed and is not attending school, or a combination of a
fine and community service as determined by the court.


- Carl

 

[CdwJava]

my car wasn't impounded nor was anything found on me. i understand that it won't dismiss the misdemeanor but is that an illegal search?

To say conclusively one way or the other would require ALL the facts, not just your account. The officers may have known or believes something else at the time, and the search may have been limited to those areas within your reach. Only an attorney with access to all the reports can tell you whether you have a chance or not.

Even if the search IS unlawful, without damages, this is a minimal award case unless the act was so heinous as to shock the court ... and I just don't see that.


- Carl