slander and was i arrested???

What is the name of your state? IL

Last weekend i attended a party that was busted by the police. Our town has a rule against being underage at a party where alcohol is being served to minors it is called constructive possession of alcohol. Which means even if you were there and weren't drinking you still are just as guilty. This is my third ticket but..... an article was printed in the local paper saying 15 teens were arrested for consumption of alcohol which is untrue. We contacted the newspapers and they said this is what the police told them. However when our tickets were being written by the police they specificially told us that we were not under arrest and that our tickets were equivalent to traffic tickets. If we were arrested then wouldn't we be mirandized? We contacted the newspaper that said when you get a traffic ticket that is an arrest so technicaly we were under arrest. But if the cops told us that we were not and they reported the information then somebody here is incorrect. We contacted lawyers and they said that we have a slander case and we can move forward and file a class action law suit. Im not too sure if we really have a case or not??

[stephenk]

was your name mentioned in the article?

Yes both my name and address were listed in the article along i with 14 others, and that we were either "arrested" for consumption or constructive possession of alcohol.

[stephenk]

you were identified as being what? arrested for consumption or constructive possession?

In any event, the mistake is minimal and your damages are what? Your reputation? That isnt enough especially since you dont deny being at the party and being cited as a minor at a party where alcohol was served.

[stephenk]

you can be arrested and not given Miranda warnings. Miranda warnings only apply if you being interrogated.

Well we would be seeking mostly punitive damages. They did not list specifically who got what only one person got a consumption ticket. I find it funny that the headlines read "15 arrested at Naperville party" and only one consumption ticket. huge party huh. If in fact we were arrested wouldn't we have to put that on job applications when they ask have you ever been arrested?

[stephenk]

you are jumping way ahead. Job applications, punitive damages!

You presently have NO damages that are recoverable. The story in the paper is basically true. You are a minor that was at a party that was busted by the police because of alcohol. Whether it says you were arrested or cited does not slander you.

Plus, job applications ask for felony convictions, not if you have ever been arrested.

Are your parents supporting you in this crusade against the newspaper?

[stephenk]

what newspaper printed the article?

Currently i am not suing but two others listed are currently in the process of suing the Daily herald and the Naperville sun and the naperville police department. They have lawyers that think they have a case and think they can win. So i don't know you can read one of the articles this is a clip from one of the articles:15 face charges after police arrive at Naperville party
Daily Herald Reports
Posted on October 29, 2002
Naperville police arrested 15 people early Sunday on charges of unlawful consumption or unlawful possession of alcohol by a minor.

The arrests came just three days after Naperville city and school officials held a community forum to launch a campaign to combat drug and alcohol use by minors.

Police said they responded at 12:04 a.m. Sunday to a report of a loud party at *** Crooked Tree Court.

Officers said the party was hosted by Austin S****, 20, who lived at the address. He was charged with allowing consumption of alcohol by minors and unlawful consumption of alcohol by a minor.
Police said fourteen others, all from Naperville, were charged with either consuming or possessing alcohol. They are: (names, ages and addresses listed)
All 15 people were released at the scene on individual bonds.

[Seanscott]

Poor little rich kids from Naperville. You broke the law, shut up and grow up, brat.

"This is my third ticket." "I want to sue for slander"

Who's at fault here? YOU, YOU, YOU!

Filing suit over something so trivial will hurt your reputation a lot more than your misdemeanor charges. Daddy needs to slap your little @ss.

[stephenk]

I think your friends are blowing smoke up your ass. There will be no lawsuit filed and no settlement either. Why? Because the report doesnt state anything that is so false as to constitute libel. The semantics over the use of the word "arrest" is enough to show different interpretations of the article. But nothing libelous.

I would be more worried about having received 3 tickets related to alcohol. What are your parents telling you about that? Or are they in support of the lawsuits?

SeanScott, and Stephank whats with the attitude? "poor little rich kids from naperville?" That's very stereotypical. Im not saying i didn't do anything wrong but just because we are guilty doesn't mean we don't have rights. You don't know every detail to the story. Another kid asked if he could call his lawyer the cop said no, he started dialing and the cop stopped him. That is deneying the right to an attourney. My parents probably arn't going to joing this lawsuit since i still have a courtdate for my other ticket. Which they are backing me up 100% they belive the police are wrong too. And you don't know if i was drinking so don't jump to conclusions. My last tickets we took breathalizers, but it doesn't matter so i didn't take one this time. Im irrisponsible by being a designated driver at a party so another one of my friends isn't killed, but im still punished, but thats fair i guess?

[stephenk]

since your friend was not under arrest he was not entitled to speak to an attorney.

you still havent described your damages from the article. How has your reputation been diminished fromt the article to the extent you have lost money, ie. job, property, promotions, etc.?

Since you have been ticketed before for the same offense, you cant claim your reputation in this regard was spotless, right?

You said since my friend wasn't under arrest then he couldn't speak to an attourney.....well thats my whole point. They printed in the newspaper that we were arrested, which they got from the police. So they were denying all of us the right to an attourney. Anyway i feel my reputation was hurt nobody else knows about my prior history. Anyway im not suing yet but others are.

[stephenk]

"Fifteen youths charged with alcohol violations

Police charged 15 Naperville youths with alcohol-related violations this weekend after a report of a loud party in the Woods of Rivermist subdivision.

Police were called to the residence on the 200 block of xxxx at 12:04 a.m. Sunday. Austin S***, 20, (address deleted), was arrested and charged with allowing consumption of alcohol by minors and unlawful consumption of alcohol by a minor.

Also charged with unlawful possession of alcohol by a minor or unlawful consumption of alcohol by a minor were: (names and ages were listed)."


This is the article in the Police Blotter section of the Naperville Sun. I deleted the names and addresses. What part of this story is slanderous? the only arrest is to the person who hosted the party.