Massachusetts.
Hello there. My 17 yr old was traveling in a car with several friends, and they were stopped for speeding. The officer approached and immediately singled my son out asking what he was up to (he was the only non white in a car of suburban youths). He took my son aside and asked if he’d been drinking and what was in his bag. My son denied he had any alcohol in the bag, but refused the officer permission to search it when asked to. The officer took the other kids aside, and the driver gave permission for the car to be searched. The officer found 2 bottles of beer and a 1/2 full bottle of rum in my son’s bag; the cop said that he smelled the liquor before he opened the bag. The rum’s cap was broken, but my son wasn’t aware of it being damaged before this, and no one else smelled alcohol until the bag was opened. The officer was very angry with my son, referred to him as “dickhead” repeatedly. He arrested him, and he was in jail several hours, and was given a court date next week for Minor in Possession of Alcohol C138S34C (the S could be a 5).
So, I’m asking what this court date is, an arraignment (?), and what does this entail?
Should we have a lawyer represent him?
Would we need to negotiate in some way at this appearance, or is that in the future?
Would the arrest or a conviction affect college applications? Job applications? (He has no driving license yet, but has a permit.)
Any other advice?
Was this a legal search; the owner gave permission for the car to be searched, but the officer knew the bag was my son’s. The officer claimed he could smell alcohol, is there any point trying to deny that?
I don’t suppose there’s any basis for a discrimination complaint/defense?: He singled my son out as the bad guy before he said a word. He was the only one cited for not wearing a seat belt, and had his bag searched. He was pulled aside and spoken to rudely. The cop disparaged my son as thinking he was tough because he came from the city (the other kids were white suburban), and said it was the first time he had ever arrested anyone for MIP.
Thanks for any advice.
Hello there. My 17 yr old was traveling in a car with several friends, and they were stopped for speeding. The officer approached and immediately singled my son out asking what he was up to (he was the only non white in a car of suburban youths). He took my son aside and asked if he’d been drinking and what was in his bag. My son denied he had any alcohol in the bag, but refused the officer permission to search it when asked to. The officer took the other kids aside, and the driver gave permission for the car to be searched. The officer found 2 bottles of beer and a 1/2 full bottle of rum in my son’s bag; the cop said that he smelled the liquor before he opened the bag. The rum’s cap was broken, but my son wasn’t aware of it being damaged before this, and no one else smelled alcohol until the bag was opened. The officer was very angry with my son, referred to him as “dickhead” repeatedly. He arrested him, and he was in jail several hours, and was given a court date next week for Minor in Possession of Alcohol C138S34C (the S could be a 5).
So, I’m asking what this court date is, an arraignment (?), and what does this entail?
Should we have a lawyer represent him?
Would we need to negotiate in some way at this appearance, or is that in the future?
Would the arrest or a conviction affect college applications? Job applications? (He has no driving license yet, but has a permit.)
Any other advice?
Was this a legal search; the owner gave permission for the car to be searched, but the officer knew the bag was my son’s. The officer claimed he could smell alcohol, is there any point trying to deny that?
I don’t suppose there’s any basis for a discrimination complaint/defense?: He singled my son out as the bad guy before he said a word. He was the only one cited for not wearing a seat belt, and had his bag searched. He was pulled aside and spoken to rudely. The cop disparaged my son as thinking he was tough because he came from the city (the other kids were white suburban), and said it was the first time he had ever arrested anyone for MIP.
Thanks for any advice.