"Minor in Possession of Liquor" for having a marijuana bowl

[brokeandbusted]

Kent County, MI. - I was in the passenger seat of a car that was pulled over on my street, 3 houses away from mine, for passing a cop with it's brights on. The driver of the car admitted to drinking and was taken into custody immediately. She spent the night in jail and was given an OUI. I am 18. When asked if I had been drinking, I denied it. I also refused to take a breathalizer. The officer asked me to follow his finger with my eyes (using no equipment other than his finger and a flashlight). He asked me to step out of the vechele and then searched me as I reminded him that he does not have my consent to search me. After patting me down he pulled an empty marijuana bowl out of my pocket. I was put in handcuffs and into the back of the cruiser. After a few minutes he printed me a citation for "Minor in Possession of Liquor" and drove us two houses down into our driveway. Is the ticket worth fighting because the only actual evidence is the marijuana bowl and the ticket is for possession of liquor?? Court date is next week.

 

[Banned_Princess]

I was in the passenger seat of a car that was pulled over on my street, 3 houses away from mine, for passing a cop with it's brights on. The driver of the car admitted to drinking and was taken into custody immediately. She spent the night in jail and was given an OUI. I am 18. When asked if I had been drinking, I denied it. I also refused to take a breathalizer. The officer asked me to follow his finger with my eyes (using no equipment other than his finger and a flashlight). He asked me to step out of the vechele and then searched me as I reminded him that he does not have my consent to search me. After patting me down he pulled an empty marijuana bowl out of my pocket. I was put in handcuffs and into the back of the cruiser. After a few minutes he printed me a citation for "Minor in Possession of Liquor" and drove us two houses down into our driveway. Is the ticket worth fighting because the only actual evidence is the marijuana bowl and the ticket is for possession of liquor?? Court date is next week.

what state is this?

he doesn't need consent to search you while you are suspected of having committed a crime.

 

[CdwJava]

What code section were you cited for?

It may well be that the code section cited covers both the possession of alcohol and the possession of a pipe used for smoking dope.

 

[brokeandbusted]

What code section were you cited for?

It may well be that the code section cited covers both the possession of alcohol and the possession of a pipe used for smoking dope.

My citation is for code 436.1703 (1) (A). I looked up the code and it says nothing to do with pipes or paraphernalia. If I were to plead not guilty in court, would I just be defending the fact that I had not consumed alcohol? Because that is what the citation is for?

 

[CdwJava]

My citation is for code 436.1703 (1) (A). I looked up the code and it says nothing to do with pipes or paraphernalia. If I were to plead not guilty in court, would I just be defending the fact that I had not consumed alcohol? Because that is what the citation is for?

You seem to have a viable defense if the charge is not amended prior to trial:

http://www.legislature.mi.gov/(S(taere355jiofec45co0fkn55))/mileg.aspx?page=getObject&objectName=mcl-436-1703

 

[HighwayMan]

he doesn't need consent to search you while you are suspected of having committed a crime.

That's wrong.

If there is only reasonable suspicion then he can't be searched - frisked under certain circumstances, yes. Do you know the difference?