Minor in Possession Berkeley, CA

[byrnman22]

First just wanted to say great site and I am a 20 year old male
Last night I was walking back to my girlfriends house from the store in Berkeley California eating a traditional fruit on the bottom yogurt. I placed it into a garbage can about 30 feet in front of her house. Before I could take another step two officers on bicycles approached me asking what i had just put in the garbage because they had seen a "blue and white container in my hand" when I told them that it was simply a yogurt one of the cops produced an empty beer can from the same trash (the thing was half full of beer cans being that berkeley is college town) I then asked the officer to breathalyze me because I had not been drinking so I could prove to him my innocence but he refused!!! He asked me for all my for all my information i.e. name address and I respectfully gave it to him. Then my name did not register in their database for some reason and he accused me of giving a false name and calling me a liar and I even tried to give him my social security number!!! Then I guess it finally came up about a half hour later. By this time my lady had come outside to see what had happened to me, when she saw that I was being harassed by the officers she immediately snapped a photo of me and the yogurt that I just ate with the cops still in the picture. The cops then told her that she could not take pictures and that she was interfeiring and that they were gonna arrest her too. Anyways, I don't even know if the picture will do me any good in court but I appreciate any advice you can give me regarding MIP charges.

Thank you for your time

 

[CdwJava]

If you received a citation, then you will have to appear in court. You will say your piece and they will say theirs.

However, a couple things to consider: (1) A yogurt container is about one half or less hte size of a beer can. I cannot imagine pistaking one for the other ... plus, had it been yogurt, you would have been spooning the yogurt into your mouth not tilting it up like a beer. (2) Where was the spoon?

The chances are the court is going to side with the observations of the officers given the circumstances. But, you never know. They may not show in court, or, the judge may decide that there is insufficient proof of guilt.

In any event, the punishment for being in possession of alcohol will depend on whether you were cited for a municipal code violation or a state B&P 25662 violation.

For 25662 on a first offense:

a) Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred fifty
dollars ($250) 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 or is not attending school. A
second or subsequent violation shall be punishable as a misdemeanor
and the person shall be fined not more than five hundred dollars
($500), or required to perform not less than 36 hours or more than 48
hours of community service during hours when the person is not
employed or is not attending school, or a combination of fine and
community service as the court deems just. It is the intent of the
Legislature that the community service requirements prescribed in
this section require service at an alcohol or drug treatment program
or facility or at a county coroner's office, if available, in the
area where the violation occurred or where the person resides. This
section does not apply to possession by a person under the age of 21
years making a delivery of an alcoholic beverage in pursuance of the
order of his or her parent, responsible adult relative, or any other
adult designated by the parent or legal guardian, or in pursuance of
his or her employment. That person shall have a complete defense if
he or she was following, in a timely manner, the reasonable
instructions of his or her parent, legal guardian, responsible adult
relative, or adult designee relating to disposition of the alcoholic
beverage.


- Carl

 

[byrnman22]

-Carl
Thank you for your input. Regarding the yogurt it was a bigger cup almost the same size as an 12oz can. It was blue and white. In the picture I am clearly holding the cup and the spoon with the two bicycle cops in the background. The officer must have been 25 to 30 feet away when I disposed of it. He physically reached in the garbage and grabbed a bud can out about 10 minutes after he had stopped and questioned me. There was no one around and there was hardly any light. The fact that he would be able to even see any container in my hand would be amazing. He was very young and when I tried to pleed my case he didn't even know how to respond. I did even make a scene I didn't want to make matters worse, he just told me to go to court if I had a problem. I didn't even recieve any piece of paper or anything. He told me I would geta notice in the mail.

 

[CdwJava]

If you were not cited, then don't worry about it until or unless you receive a cite or a summons in the mail.

- Carl

 

[byrnman22]

I'm pretty sure he cited me he took my fingerprints and everything....

 

[THE PRACTICE-27]

My response:

When Forensics testifies against you, which item will have your fingerprints on it - - the yogurt container or the beer can?

Didn't think about that, did you . . .

IAAL

 

[CdwJava]

I'm pretty sure he cited me he took my fingerprints and everything....

So ... you went to jail??

What were the specific charges you were booked on?

- Carl

 

[THE PRACTICE-27]

So ... you went to jail??

What were the specific charges you were booked on?

- Carl

My response:

Carl, you're being duped. The kid is just looking for an escape, and he's trying it out on you, and you're falling for it.

IAAL

 

[CdwJava]

My response:

Carl, you're being duped. The kid is just looking for an escape, and he's trying it out on you, and you're falling for it.

IAAL

Your mind reading device is broken today.

I don't buy the yogurt tale, so if it is a tall tale, it ain't working on me.

If they didn't arrest him, he wouldn't have been printed - yet he says he was. He says he didn't receive any paperwork - yet he has a pending MIP?? And the only time they would likely do field prints would be a thumb print on the back of a citation.

Either Berkeley does thinks really bass-ackwards (and I know some Berkeley cops including a sergeant there), of he is confusing two or more events in his mind.

Or making the whole thing up.

- Carl

 

[rmet4nzkx]

Your mind reading device is broken today.

I don't buy the yogurt tale, so if it is a tall tale, it ain't working on me.

If they didn't arrest him, he wouldn't have been printed - yet he says he was. He says he didn't receive any paperwork - yet he has a pending MIP?? And the only time they would likely do field prints would be a thumb print on the back of a citation.

Either Berkeley does thinks really bass-ackwards (and I know some Berkeley cops including a sergeant there), of he is confusing two or more events in his mind.

Or making the whole thing up.

- Carl

Since OP states it was "a traditional fruit on the bottom yogurt" these are generally 6 or 8 oz most of which would be hidden by the hand, however, some of the yogurt drinks are approx the size of a 12 oz can of beer, they are thiner but this is not the claim since he claims that it is a "traditional" container and everyone knows it is impolite not to share, so the etiquette police should have cited him for not bringing one for his girlfriend, or at least an extra spon and waiting until he got there. Rarely are half consumed cans of beer dumped inside trash containers even though Berkeley is a college town, there is an unwrited rule that food to be shared with the homeless is carefully left for them. I doubt that the Bike cops would fingerprint him on the street and how are they going to transport him to the PD? It will be interesting to see how his story pans out in court.

http://www.healthpolicycoach.org/doc.asp?id=118
here is the ordinance
http://www.ci.berkeley.ca.us/bmc/berkeley_municipal_code/Title_13/36/070.html
Section 13.36.070 Consumption of alcoholic beverages--In places open to public view prohibited--Exceptions.

It is unlawful for any person to partake of any spirituous malt, vinous, or alcoholic liquors or other alcoholic beverages in or on any park, playground or community house or in an automobile while said automobile is on any alley, street, or highway, or on public or private property which is open and accessible to the general public, or open to public view, except that:
A. The consumption of wine or beer may be allowed in community houses during hours when they are normally closed to the general public subject to rules promulgated by the City Manager;
B. The consumption and/or sale of wine, champagne and beer may be allowed at events permitted pursuant to Chapters 13.44 or 6.46 of this code; and
C. The consumption and/or sale of wine, champagne and beer may be allowed in open air restaurants and cafes which are open to public view, whether located on private or public property, if and to the extent permitted by state and local laws and ordinances, including the Berkeley Zoning Ordinance. (Ord. 6579-NS § 3, 2000: Ord. 6301-NS § 1, 1995: Ord. 5660-NS § 1, 1985: Ord. 5267-NS § 1, 1980: Ord. 5232-NS § 1, 1980: Ord. 2795-NS § 6, 1949)