P
patinthehat
Guest
This is my situation. I was visiting my boyfriend in his home town at another town in Kansas about 4 hours from where I live. I am 19 years of age. We were at his friends house on Friday evening. While there, he and I were on the front porch, each w/ a beer in our hands. A "bicycle cop" was riding by. He saw me and then immediately drove up to the porch to confront me. He asked me how old I was and I told him 21 two times. He then said this is your last chance to tell me the truth and I told him I was only 19.
He then asked for my license. I told him that I did not have it on me. He asked me that about three times and finally just got on him radio and called the dispatch w/ my name. The dispatch could not find my information (or it was taking a long time to do). The cop then asked if my friend could go to his house and get my ID from my vehicle. My friend said no. Some more time went by and then my friend just decided to go and get it.
After he went to get the ID and returned. The cop copied the info onto a ticket and gave me a ticket for under age possession of alcohol ($200.00 + $37.50 court cost!).
My question follows:
Did that cop have any right to question me of age in the first place since we were on private property. There was no reason for reason for him to stop (no overt action) other than, if it was legal, seeing a beer can in my hand. There was no noise, disturbance, abnormal behavior on anyones part to cause him any probable cause.
Secondly, did he go to far by questioning me on my age in the first place? Should I even have offered to let him see my license or tell him my name since I was not on public property and was doing no criminal acts that he was definitley aware of.
Should I challenge the case based on the cops probable cause to "arrest" me?
TIA for any help/advise on this,
patinthehat
He then asked for my license. I told him that I did not have it on me. He asked me that about three times and finally just got on him radio and called the dispatch w/ my name. The dispatch could not find my information (or it was taking a long time to do). The cop then asked if my friend could go to his house and get my ID from my vehicle. My friend said no. Some more time went by and then my friend just decided to go and get it.
After he went to get the ID and returned. The cop copied the info onto a ticket and gave me a ticket for under age possession of alcohol ($200.00 + $37.50 court cost!).
My question follows:
Did that cop have any right to question me of age in the first place since we were on private property. There was no reason for reason for him to stop (no overt action) other than, if it was legal, seeing a beer can in my hand. There was no noise, disturbance, abnormal behavior on anyones part to cause him any probable cause.
Secondly, did he go to far by questioning me on my age in the first place? Should I even have offered to let him see my license or tell him my name since I was not on public property and was doing no criminal acts that he was definitley aware of.
Should I challenge the case based on the cops probable cause to "arrest" me?
TIA for any help/advise on this,
patinthehat