Underage alcohol, and controlled substance.

What is the name of your state (only U.S. law)? New York

Firstly, I'm 19. I was in the passenger seat of my boys car, two other kids in the back. We pull into Charlotte beach, pull in the parking lot, park next to a few other cars and turn the car off. We're sitting there for literally 90 seconds talking about what we want to do, etc, etc when a random cop pulls up behind us. He walks up to the window, and starts harassing us about why we're at the beach. At this point there is two open beers in the center console (not even mine). Then he claims he "smells weed". My friend in the back seat immediately gives up his weed, the cop takes him out of the car, searches him and puts him in the cop car. My friend who was driving (who was 21) gave him the beers in the center console, got out, and got put in the cop car.

He gets to me, searches me, finds nothing on me, puts me in the car and proceeds to search the car. Finds a bag of weed under the seat I was sitting under. The car was full there was somebody behind both seats so it could've been anybodies. At the end of the day I get a ticket for possession of alcohol under 21 and a controlled substance. I wasn't given a breathalyzer test to determine if I had even been consuming alcohol, nor was the weed weighed or documented in any way. The whole thing happened fast and was very sloppy on the cops part. He wasn't very helpful and didn't answer my questions very nicely or deeply. Do you think if I got a lawyer I could get the case thrown out simply on the basis that he had no reason to harass us in the first place?

I was under the impression that Ontario State Park was a public park.

What time of day were you parked there?

There is nothing whatsoever wrong with an officer of the law walking up to talk to you. There is nothing wrong with him asking you why you are there. When talking to you, it is not illegal to inhale through the nose thereby smelling the distinctive odor of weed.

You were sitting 5 inches from a beer and on top of a bag of weed. The beer is going to be tough to beat. The weed could be beaten if one of your "boys" is willing to fess up as to whom owns it.

It was around 7PM, the parking lot was full of people. So for him to say he smelled weed coming from us is just ridiculous and about the most typical thing a cop can say to a group of kids to have a reason to mess with them. Also, the cop didn't casually walk up to us and ask what we were doing at the beach. He parked behind us and came up to us harassing us. When we said we were here to walk around the beach, which was the truth, he asked us 3 more time and got the same response. He didn't even see the beer until after he got us out of the car. Also, how is the alcohol going to be hard to beat? I wasn't given a breathalyzer nor any field test, so how can he even say I was consuming alcohol?

You were not charged with drinking... you were charged with possession. The beer in the center console can be seen to be under your control... especially because there were TWO of them... one for you, one for the driver.

You don't know what the officer saw and didn't see. Believe it or not, most officers are pretty observant and know what to look for when kids go to the beach.

Again, and I am not going to ask again, was this in a public park?

There were FOUR kids in the car, so how can he say that one of them belonged to me WITHOUT determining that I was even drinking? Lol.

And it was at Charlotte Beach. It's a public beach, yes.

AdamLawrence said:

There were FOUR kids in the car, so how can he say that one of them belonged to me WITHOUT determining that I was even drinking? Lol.

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You don't need to be drinking to be charged with possession.

What part of that statement is difficult for you to understand? I have typed it twice.

Ok, well why was I the only person given that ticket when there was another underage kid in the vehicle?

AdamLawrence said:

Ok, well why was I the only person given that ticket when there was another underage kid in the vehicle?

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The beers were between the two FRONT SEAT occupants. Only one of those two was underaged. I ain't hard to figure out

I definitely need to get a lawyer then because they were there when I got into the vehicle. Still doesn't change the fact we didn't break any laws whatsoever to even be approached by the police.

AdamLawrence said:

I definitely need to get a lawyer then because they were there when I got into the vehicle. Still doesn't change the fact we didn't break any laws whatsoever to even be approached by the police.

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I police officer, like any other member of society, is free to walk anywhere they please. The beers were visible from outside the car. Had the beers NOT been visible, it's entirely possible that the officer would have tipped his hat and said 'morning boys and continued on his way.


ETA: You're not getting it about the "possession." Yes, get an attorney who can take as much time (money) as needed to explain it to you.

No, you aren't getting it. How were beers visible, in the center console, from OUTSIDE the car? How would the cop, in his car, behind us, see two small beers, through the back window? He didn't even know about the beer until the driver surrendered them over.

AdamLawrence said:

No, you aren't getting it. How were beers visible, in the center console, from OUTSIDE the car? How would the cop, in his car, behind us, see two small beers, through the back window? He didn't even know about the beer until the driver surrendered them over.

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Talk to your attorney.

Right, lol. The American justice system is so grand. It clearly works how it's suppose to. Thanks for the....errr, help? If you could call it that.

AdamLawrence said:

No, you aren't getting it. How were beers visible, in the center console, from OUTSIDE the car? How would the cop, in his car, behind us, see two small beers, through the back window? He didn't even know about the beer until the driver surrendered them over.

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I believe that you have been unable to articulate what was going on. When you say "center console", the members here think cupholders. May I assume you were talking about a portion of the car in between the two front seats with a cover AND that cover was closed?

The part you aren't getting.....

The cop was completely allowed to walk up to your car and talk to you. He could have talked about the weather, the Yankees or the state of the debt ceiling.

However, since he pulled up behind you within 90 seconds of your arrival (if that part is correct) does imply that you were in custody.... there may be an opportunity there.

He was allowed to talk to you and then smell the weed and, from that, then search the car. In rereading your post, the act of him blocking your departure may give your lawyer an opening.

You will definitely need an attorney to make the case, though.

I will also note that you haven't mentioned which one of your "boys" is going to fess up to the weed so that you don't take the fall for him. Why is that?

cyjeff said:

I believe that you have been unable to articulate what was going on. When you say "center console", the members here think cupholders. May I assume you were talking about a portion of the car in between the two front seats with a cover AND that cover was closed?

The part you aren't getting.....

The cop was completely allowed to walk up to your car and talk to you. He could have talked about the weather, the Yankees or the state of the debt ceiling.

However, since he pulled up behind you within 90 seconds of your arrival (if that part is correct) does imply that you were in custody.... there may be an opportunity there.

He was allowed to talk to you and then smell the weed and, from that, then search the car. In rereading your post, the act of him blocking your departure may give your lawyer an opening.

You will definitely need an attorney to make the case, though.

I will also note that you haven't mentioned which one of your "boys" is going to fess up to the weed so that you don't take the fall for him. Why is that?

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The beers were in the center part yes, but the lid wasn't closed. But the cop didn't say anything/didn't see them until after my friend in the back gave up his weed and the cop asked for everything else. Then the driver gave him the beers. Also, yes, it is correct the officer pulled up behind us blocking us in, jumped out and started harassing us. Nothing friendly about it. He approached us as if we had done something wrong already. Also, nobody is going to admit to the weed. But I'm getting a drug test done next week to show the judge I am clean and don't smoke, also I am getting letters from around my community from respected people who will vouch for the type of person I am.

Also, any clue/ball park on how much an attorney for a case like this would cost? $1000? $1500? More?