Minor In Possession fightable?

[miwood]

What is the name of your state? Iowa

Last night some friends and I (7 of us total) decided to camp out in a local state park. My friends had all been drinking and I was one of two sober people on the site. At about 9:30 we were all sitting around the camp fire minding our own business and acting civilized and a Department of Natural Resources officer drove by. A few minutes later he came back, but this time approached the site with a flashlight. He greeted us with "How old is everyone here?" We all replied "20." He then asked "who owns the beer?". Everyone replied "not mine." Because there was none visible. Only one of my friends was drinking at the time and he managed to hide it between his legs the whole entire search. The only thing that was visible was a empty case of beer lit in our campfire. He then proceeded to open our cooler and found i believe a total of 6 beers. No one was cited for those as he confiscated them. He then forced us to open all our tents and vehicles. The other sober person there, a girl, had beer in her trunk which he took along with her id. I opened my tent before he could ask whos it was and he found an almost empty bottle of captain morgan. he took it and asked for my id without asking any questions about it. He told us to pack our things up because we couldn't stay at the campsite tonight or be in one within the next week. (he forced us onto the road under the assumption that we had been drinking). while we were packing up all our neighbors(old couples and families) came over and were disgusted by his actions and said we were great neighbors and argued that we didn't do anything wrong. He gave no breathalyzers and there was no alcohol within 20 ft of us at the time of the search. But I received a MIP along with the girl present. The other 5 people didn't get charged. Can i appeal this? What constitutes possession? Did he have the right to search our campsite? He almost left without me signing the citation papers, but me being honest told him i never signed it(which i am kicking myself for). The DNR officer was rude the whole time and was obviously out looking to start trouble because i asked if anyone complained about us so i could apologize and he said no. Can he assume that i own the alcohol in the tent that my things are in? I was never asked if the alcohol was mine i was just charged because i opened the tent for him. Can he single out 2 people on a site if no one is actually near the alcohol? i appreciate any advice i receive on the topic!!What is the name of your state?

 

[turbowray]

What is the name of your state? Iowa

Last night some friends and I (7 of us total) decided to camp out in a local state park. My friends had all been drinking and I was one of two sober people on the site. At about 9:30 we were all sitting around the camp fire minding our own business and acting civilized and a Department of Natural Resources officer drove by. A few minutes later he came back, but this time approached the site with a flashlight. He greeted us with "How old is everyone here?" We all replied "20." He then asked "who owns the beer?". Everyone replied "not mine." Because there was none visible. Only one of my friends was drinking at the time and he managed to hide it between his legs the whole entire search. The only thing that was visible was a empty case of beer lit in our campfire. He then proceeded to open our cooler and found i believe a total of 6 beers. No one was cited for those as he confiscated them. He then forced us to open all our tents and vehicles. The other sober person there, a girl, had beer in her trunk which he took along with her id. I opened my tent before he could ask whos it was and he found an almost empty bottle of captain morgan. he took it and asked for my id without asking any questions about it. He told us to pack our things up because we couldn't stay at the campsite tonight or be in one within the next week. (he forced us onto the road under the assumption that we had been drinking). while we were packing up all our neighbors(old couples and families) came over and were disgusted by his actions and said we were great neighbors and argued that we didn't do anything wrong. He gave no breathalyzers and there was no alcohol within 20 ft of us at the time of the search. But I received a MIP along with the girl present. The other 5 people didn't get charged. Can i appeal this? What constitutes possession? Did he have the right to search our campsite? He almost left without me signing the citation papers, but me being honest told him i never signed it(which i am kicking myself for). The DNR officer was rude the whole time and was obviously out looking to start trouble because i asked if anyone complained about us so i could apologize and he said no. Can he assume that i own the alcohol in the tent that my things are in? I was never asked if the alcohol was mine i was just charged because i opened the tent for him. Can he single out 2 people on a site if no one is actually near the alcohol? i appreciate any advice i receive on the topic!!What is the name of your state?

You had a bottle in your tent, it was fair for him to assume it was your tent because you opened it up for him. There is a difference between a consumption ticket, and a possesion ticket. You possesed alcohol, even though you did not drink. He singled out the ones who had possesion of alcohol containers according to your post (you for a bottle in your tent, and the woman for a bottle in her vehicle), nothing illegal about that. If he thought you had consumed the alcohol, he would have cited you for that. Are you 20, or did you just say that? Since you are not under 18, I would ask the D.A who is handling the case, if you can do anything to get this taken off your record, like diversion, or alcohol classes. If he did not suspect anyone to be drunk, he had the right to ask you to leave the campsite, it is probably in the rules somewhere, that if you have alcohol illegally or otherwise, they can ask you to leave. I guess if an accident happened as a result of you driving, and it included being under the influence, that MAY be a different story, but that did not happen. Good luck to you!

 

[Some Random Guy]

OK, to a group of people who admit they are underage have an empty case of beer in the campfire and they wonder why the police/DNR think they've been drinking. Both you and the other "sober" person had alcohol in your possession. Yes, its possession and not ownership that matters. And a group of underage people sitting around a cooler with one beer in it can all be charged with possession.

THe DNR doesn't have an obligation to be nice to you. Not does he have to let you stay in the campsite when you have been breaking campsite rules and state laws. He apparently decided that your group was not legally intoxicated, so he let you drive. Yes, you can still be charged with minor in possession without being legally intoxicated.

But I received a MIP along with the girl present... Can i appeal this?

You don't have to appeal since you haven't been convicted yet. You can argue your case to the judge if you choose to plead not guilty. Be prepared to show the judge that you were not in possession of alcohol despite the evidence of an empty case of beer (many states allow officers to cite for possession inside your body), six beers in the community cooler and a bottle of liquor in your tent.

 

[miwood]

OK, to a group of people who admit they are underage have an empty case of beer in the campfire and they wonder why the police/DNR think they've been drinking. QUOTE

I am 20 and only 3 months away from being 21. As for the empty case of beer I am not 100% sure it was in the fire when he got there. It had been burning for awhile so i'm pretty sure it was engulfed when he got there. That is just the only thing i can think of for him to have a reason to search. I'm guessing they would have to write a report for each citation correct? and if so is there anyway for me to view it? Could you tell me more about diversion please? So can they let off 5 other people in possession and only charge the 2 of us? I don't understand how that works becuase you did say that they could charge us all for 1 beer in the community cooler. They can discriminate on who they charge? becuase no doubt it should have been all of us with tickets in our hand. Probably just a dick move on his part. Thanks for the input!

 

[turbowray]

OK, to a group of people who admit they are underage have an empty case of beer in the campfire and they wonder why the police/DNR think they've been drinking. QUOTE

I am 20 and only 3 months away from being 21. As for the empty case of beer I am not 100% sure it was in the fire when he got there. It had been burning for awhile so i'm pretty sure it was engulfed when he got there. That is just the only thing i can think of for him to have a reason to search. I'm guessing they would have to write a report for each citation correct? and if so is there anyway for me to view it? Could you tell me more about diversion please? So can they let off 5 other people in possession and only charge the 2 of us? I don't understand how that works becuase you did say that they could charge us all for 1 beer in the community cooler. They can discriminate on who they charge? becuase no doubt it should have been all of us with tickets in our hand. Probably just a dick move on his part. Thanks for the input!

They could have charged you all, but they charged the ones who DID actually have it in their possession( you in your tent, the woman in her car). No, I would think one report to explain the circumstances where two citations were given. You may be able to ask for the report, but you will probably have to pay for it (well a copy of it). Where were the empty beer cans from that empty case of beer? You sound like you were so wronged here, and you were not. If no one said, No you can not search my vehicle or tent without a warrant, then he had every right to do so! You not only gave him permission, but you opened the tent up for him!

 

[miwood]

we had all the empty beer cans in a black plastic bag hidden behind our tents which he never found... at the point of the tent search he already had reasonable cause because he had found beer in our cooler. I know I broke a law so I don't feel wronged. I'm just frustrated because I hadn't touched a drop alcohol that night and I was the one that got busted. I guess thats the way it goes though. This is my first time ever being in any trouble, so I just want to find a way to get if off my record. You guys mentioned diversion?? What exactly does that mean?

 

[turbowray]

we had all the empty beer cans in a black plastic bag hidden behind our tents which he never found... at the point of the tent search he already had reasonable cause because he had found beer in our cooler. I know I broke a law so I don't feel wronged. I'm just frustrated because I hadn't touched a drop alcohol that night and I was the one that got busted. I guess thats the way it goes though. This is my first time ever being in any trouble, so I just want to find a way to get if off my record. You guys mentioned diversion?? What exactly does that mean?

Drug and alcohol classes, please ask the D.A who is handling your case, if you have any options to get it taken off your record. I can't say for sure at 20 if that is an option, as it would be for a minor under 18.