Minor in Possession of Tobacco

[slhime]

My 17 year old son was stopped and given a ticket by a deputy sheriff in public outside of a theater in Texas because he was smoking. My son told the officer that he was 18, but as my son does not drive, he did not have any ID in his possession. Did the deputy have probable cause just because he thought my son looked to be under 18?

 

[CdwJava]

My 17 year old son was stopped and given a ticket by a deputy sheriff in public outside of a theater in Texas because he was smoking. My son told the officer that he was 18, but as my son does not drive, he did not have any ID in his possession. Did the deputy have probable cause just because he thought my son looked to be under 18?

If he looked like a minor? Sure. Otherwise, how could anyone EVER get caught smoking underage? If the police were not able to make such reasonable inquiry, a first grader could smoke cigarettes because an officer could not make contact with him solely because he looked underage.

Unless your son looks like he is MUCH older than he is, the officer can make reasonable inferences about his age. Since the intrusion would be minimal, "Excuse me, how old are you?", the courts do not tend to see such intrusion as unreasonable. If you feel the need, you can hire an attorney to defend him ... but ... that would cost many times more than the fine would.

So, is your son facing any addition punishment at home for this offense? I know that mine would be.

- Carl

 

[Ohiogal]

And are you punishing him for LYING to a police officer? Or is that okay with you?