What is the name of your state (only U.S. law)? Minnesota
Hello, my friend is a seventeen year old male and in need of some legal advice. We will call him Joe. First of all, Joe realizes he made a huge mistake, and asks to keep emotions out of this, as he is looking for legal advice.
Joe was arrested for DWI, Theft, and Possession of Paraphernalia (A marijuana pipe, no marijuana in Joe's possession)
The reason Joe is seeking advice is because he is unsure of the legality of the arrest, and if it was in fact legal, he would like some advice to help him in court.
Now, it was Saturday night and Joe went to a party for his friend going to the Army, and was drinking alcohol that night. At approx. 2 AM he got a ride to his car from a friend and went to another friends house for approx. 20 minutes. He got angry over girl issues (which I know doesn't matter, but he wants to explain the story from start to finish to leave out any questions) and there was no alcohol left and for some reason he felt the need to get more alcohol and return to the same friends house for the night. Being Memorial Day weekend, there was a campground full of campers approx. 1000 feet behind the school parking lot, and after a couple words with his friend he left to go to the campground, alone. He parked his vehicle in the parking lot of the school, and proceeded to walk across the football field to the campground. He got there and picked up a cooler and carried it appox. 50-75 feet, near a gravel road, and left it in full view, as he decided not to take any alcohol from it. (Joe never had intention of stealing the cooler itself, he was going to take 10-12 beers and leave it for the owners, as Joe would feel bad taking the whole thing and leaving them without anything, as he had no use for the cooler) Joe went to go back to his car and saw another vehicle next to it, got scared, and walked about 300 yards to the north into a old gravel pit. After waiting an hour, Joe decided to go back to his vehicle and go home and not return to his friends. Joe went back to the football field and was about to cross it to go to his vehicle when he heard dogs barking. Startled, he laid in the tall grass for about 15 minutes, then proceeded to run to his vehicle and leave. Joe was just exiting the parking lot when 2 police officers barricaded him in, one directly in front and one to the left. They came up to his car, opened the door and told him to step out and that he was under arrest, then handcuffed him. Joe did not argue, told them his name, gave them his license and told them he refused any further questioning. Upon searching his pockets the officer finds the pipe. After lingering for about 10 minutes, he brings Joe into the nearest jail to book him in to release to his parents. He never told Joe his Miranda rights. At the courthouse Joe refused any questioning without contacting a lawyer, which they let him do. The lawyer Joe contacted told him to take the breathalyzer and to refuse further questioning politely, which he did. Joe blew a .127 on the first test and .123 on the second, and they proceeded to give him a DWI and clip his license.
When talking to his mother, the police officer said that someone saw him run across the football field and called 911, and that they where already there, waiting for seniors to pull a prank. Joe never had possession of any stolen items, but the police went and took the cooler and had it in their squad car.
My questions are 1) Did they have probable cause, as the never saw Joe or witnessed him with any stolen items, and 2) could the theft be dropped, on account of him just moving the cooler and never stealing it?
Hello, my friend is a seventeen year old male and in need of some legal advice. We will call him Joe. First of all, Joe realizes he made a huge mistake, and asks to keep emotions out of this, as he is looking for legal advice.
Joe was arrested for DWI, Theft, and Possession of Paraphernalia (A marijuana pipe, no marijuana in Joe's possession)
The reason Joe is seeking advice is because he is unsure of the legality of the arrest, and if it was in fact legal, he would like some advice to help him in court.
Now, it was Saturday night and Joe went to a party for his friend going to the Army, and was drinking alcohol that night. At approx. 2 AM he got a ride to his car from a friend and went to another friends house for approx. 20 minutes. He got angry over girl issues (which I know doesn't matter, but he wants to explain the story from start to finish to leave out any questions) and there was no alcohol left and for some reason he felt the need to get more alcohol and return to the same friends house for the night. Being Memorial Day weekend, there was a campground full of campers approx. 1000 feet behind the school parking lot, and after a couple words with his friend he left to go to the campground, alone. He parked his vehicle in the parking lot of the school, and proceeded to walk across the football field to the campground. He got there and picked up a cooler and carried it appox. 50-75 feet, near a gravel road, and left it in full view, as he decided not to take any alcohol from it. (Joe never had intention of stealing the cooler itself, he was going to take 10-12 beers and leave it for the owners, as Joe would feel bad taking the whole thing and leaving them without anything, as he had no use for the cooler) Joe went to go back to his car and saw another vehicle next to it, got scared, and walked about 300 yards to the north into a old gravel pit. After waiting an hour, Joe decided to go back to his vehicle and go home and not return to his friends. Joe went back to the football field and was about to cross it to go to his vehicle when he heard dogs barking. Startled, he laid in the tall grass for about 15 minutes, then proceeded to run to his vehicle and leave. Joe was just exiting the parking lot when 2 police officers barricaded him in, one directly in front and one to the left. They came up to his car, opened the door and told him to step out and that he was under arrest, then handcuffed him. Joe did not argue, told them his name, gave them his license and told them he refused any further questioning. Upon searching his pockets the officer finds the pipe. After lingering for about 10 minutes, he brings Joe into the nearest jail to book him in to release to his parents. He never told Joe his Miranda rights. At the courthouse Joe refused any questioning without contacting a lawyer, which they let him do. The lawyer Joe contacted told him to take the breathalyzer and to refuse further questioning politely, which he did. Joe blew a .127 on the first test and .123 on the second, and they proceeded to give him a DWI and clip his license.
When talking to his mother, the police officer said that someone saw him run across the football field and called 911, and that they where already there, waiting for seniors to pull a prank. Joe never had possession of any stolen items, but the police went and took the cooler and had it in their squad car.
My questions are 1) Did they have probable cause, as the never saw Joe or witnessed him with any stolen items, and 2) could the theft be dropped, on account of him just moving the cooler and never stealing it?
