Furnishing Alcohol in Ohio

[hockey408]

I go to Ohio University and last Friday night I was charged with furnishing alcohol to two 19 year olds. What happened was I drove to BP with these two friends. I went and bought alcohol and drove back to my apartment. Undercover cops followed us and pulled up next to us as I parked my car. We got out and had no idea these were undercovers. My friend was carrying the alcohol and the cops got out of their car and began questioning us. They separated us 3 so we couldn't speak to each other. They questioned my two friends first. When they began to question me, they said that they saw an exchange of money in the car before and after the alcohol purchase. This is completely false. There was an exchange of money but it was out of view. The undercovers said they saw these transactions through binoculars. In addition, the cops told me that my friends said that they gave me money to buy them beer. This is also a false statement that the officers made to me. During the questioning, I did not admit to anything and was very adamant about the alcohol being purchased for myself. Also, I was adamant that I financed the entire purchase. I also said that I was unaware of any law where someone who isn't 21 isn't allowed to carry a closed case of beer. I wrote a statement and neither of my two friends admitted to giving me money. Do I have a case here? I feel like what they did was illegal, considering they had no probable cause. How can they just assume that my friends weren't 21? If they were, couldn't that be a civil case against the officers? Also, is it legal for an officer to make up things to try to get me to admit guilt? Any help would be greatly appreciated.

 

[Mass_Shyster]

I went and bought alcohol

My friend was carrying the alcohol

The police saw you purchase the alcohol, and the police saw an under age person in possession of said alcohol. That certainly sounds like probable cause to me.

They separated us 3 so we couldn't speak to each other.

Standard operating procedure. They want the truth, not the same lie repeated three times.

This is completely false.

The police ARE permitted to lie to you

There was an exchange of money but it was out of view.

So one of your friends will likely testify to that to walk on the MIP charge.

This is also a false statement that the officers made to me.

See above

I did not admit to anything

That seems to be the first thing you did right.

and was very adamant about the alcohol being purchased for myself.

Sounds like you blew it when you lied.

Also, I was adamant that I financed the entire purchase.

Yet you admit there WAS an exchange of money

I also said that I was unaware of any law where someone who isn't 21 isn't allowed to carry a closed case of beer.

Ignorance of the law...

I wrote a statement and neither of my two friends admitted to giving me money.

OK, tell me this, were there any false statements in the statement?

Do I have a case here?

Not from where I'm standing

I feel like what they did was illegal, considering they had no probable cause.

You've described nothing illegal (on the part of the police), but you have described articulable probable cause.

How can they just assume that my friends weren't 21?

That's the reasonable suspicion standard. Somewhat less than probable cause. They suspect your friends are under age, and performed what is known as a "Terry Stop".

If they were, couldn't that be a civil case against the officers?

For asking for ID. I don't think so, but it really doesn't matter. They were not 21[/quote]

Also, is it legal for an officer to make up things to try to get me to admit guilt?

No.

 

[BOR]

I also said that I was unaware of any law where someone who isn't 21 isn't allowed to carry a closed case of beer.

As Steve said, ignorance of the law. Possession is possession. Any person under 21 can NOT handle beer. Another example, if they helped you carry it to the counter even if you paid for it, that is also illegal possession.

There are just a few exceptions in Ohio, one is if a parent furnished it to you, statute specific.

I wrote a statement and neither of my two friends admitted to giving me money. Do I have a case here? I feel like what they did was illegal, considering they had no probable cause. How can they just assume that my friends weren't 21?

Again, Steve laid it out fairly well. Thye witnessed you buy it, yet another carried it. This in conjunction with the money exchange gives rise to at minimum a reasonable suspicion and the "totality of the circumstances", that criminal activity is afoot, as Steve quoted, a Terry stop, named after no other an Ohio case, Terry v. Ohio.

If they were, couldn't that be a civil case against the officers?

Police enjoy "Qualified Immunity". Even if they were 30 arguendo, as long as the law permits an investigatory stop, you loose.

Can you establish they violated "clearly established law" to overcome the QI question?? Have at it.

What is remedial?? Plead not guilty and Motion the court to suppress any evidence under the Exclusionary rule as a product of an UNconstitutional seizure under the Ohio Constitution, Article 1, sec. 14 and the 4th AM.

IMO, you will fail.