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  #1  
Old 12-18-2007, 05:04 PM
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Join Date: Dec 2007
Posts: 2

MIP B&P25662 under CA Law, have searched, specific question


What is the name of your state? CA

I have searched the archives on this forum site and pretty much have a similar story to many of the 20 year olds.

I was sited for a misdemeanor of not being 21 after purchasing alcohol from a liquor store around my school. I was the passenger in my friend's car. I have read through the laws associated with the code on my ticket stated in the title. I am wondering if the the officer did anything illegal or otherwise.
-Officer pulled us over for not looking 21 and stated that was his right (I find this hard to believe based on the officers ability to "stereotype"?)
-Officer took the drivers keys from him and reached into the car without permission
-Officer searched our persons with a "patdown"
-Officer took our fingerprints for the ticket

It seems that a lot of this is standard procedure. But the pulling over based on stereotypes in the officers mind confuses me. Is simply looking young enough probable cause for a pullover? We had done nothing else wrong and this is stated by the officer.

Thanks in advance
PS- I understand we deserve the misdemeanor, but I would really like to keep my license as I am a beginning track driver and need a valid license
  #2  
Old 12-18-2007, 05:55 PM
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Join Date: Jan 2005
Posts: 21,746
Quote:
Originally Posted by phoneyman View Post
What is the name of your state? CA

I have searched the archives on this forum site and pretty much have a similar story to many of the 20 year olds.

I was sited for a misdemeanor of not being 21 after purchasing alcohol from a liquor store around my school. I was the passenger in my friend's car. I have read through the laws associated with the code on my ticket stated in the title. I am wondering if the the officer did anything illegal or otherwise.
-Officer pulled us over for not looking 21 and stated that was his right (I find this hard to believe based on the officers ability to "stereotype"?)
-Officer took the drivers keys from him and reached into the car without permission
-Officer searched our persons with a "patdown"
-Officer took our fingerprints for the ticket

It seems that a lot of this is standard procedure. But the pulling over based on stereotypes in the officers mind confuses me. Is simply looking young enough probable cause for a pullover? We had done nothing else wrong and this is stated by the officer.

Thanks in advance
PS- I understand we deserve the misdemeanor, but I would really like to keep my license as I am a beginning track driver and need a valid license
You purchased alcohol and you are under the age of 21. There was no stereotyping involved...it was just standard powers of observation
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  #3  
Old 12-18-2007, 06:13 PM
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Join Date: Dec 2007
Posts: 2
Quote:
Originally Posted by Zigner View Post
You purchased alcohol and you are under the age of 21. There was no stereotyping involved...it was just standard powers of observation
The stereotyping was in looking at a person and making an uneducated guess that he/she is not 21. Same principle as an officer looking at you, saying you look under 25 and pulling you over for there being a probability that you will speed sometime soon.
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