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

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phoneyman

Junior Member
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
 


Zigner

Senior Member, Non-Attorney
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 :rolleyes:
 

phoneyman

Junior Member
You purchased alcohol and you are under the age of 21. There was no stereotyping involved...it was just standard powers of observation :rolleyes:
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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