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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-17-2004, 07:29 PM
barth003
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MIP Help!


What is the name of your state?Alabama
Hi
I was recently walking home from a party when we notice some cops from a distance away. We discarded our beers behind a dumpster and continued to my friends car. The police officer drove up and stated that he knew someone was drinking and that he found some cold beers behond the dumpster. I tolde him that I had not been drinking. My friends car was next to us and he had beer in plain view. I understand that he gets an MIP for that, but I was not in the car and I was not given any form of sobriety test should I have recieved an MIP?
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Old 08-17-2004, 07:44 PM
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If the beer was within your reach, or otherwise accessable to you, then you can be charged with MIP. Whether you would be convicted is another question.

Carl
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And a croissant!"

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....author unknown
  #3  
Old 08-18-2004, 11:50 AM
barth003
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Quote:
Originally Posted by CdwJava
If the beer was within your reach, or otherwise accessable to you, then you can be charged with MIP. Whether you would be convicted is another question.

Carl
Thank you for your help. The beer was not in my reach and they did not even keep it as evidence, so there is no proof that I ever was in possesion of it.
  #4  
Old 08-18-2004, 11:52 AM
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The officer's testimony is evidence. So there IS evidence. Whether it will be sufficient to convince a judge when he says you could reach it and you say you couldn't is the question.

Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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