Minor in consumption with a twist

[pintinto79]

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

I need some help this minor in comsumption is not normal at all. yes i was drinking i had 2 beers at about 12 but this all occured around 4 in the morning when me and my little brother were going to sleep. The cop who gave me a ticket was in my house snooping around. He was never able to give me a probable cause of why he was in my house. The only reason we knew he was there was wen my little brother had gone downstairs to get himself a glass of water out of the fridge. He had scared my little brother and he took him outside well i did not wat was going on so i went down to check on my brother. He said he was going to give me and my brother a ticket for Minor in consumption. Me and my sibling both asked wat for he never gave us a reason and he also never gave us a sobriety test or a breathalyzer test to prove that we had been drinking and me and my little brother both asked for those things. Can he give us an MIC without any proof? He never gave us a reason for why he was in the house. Can he be inside my house without probable cause? Would you not need a warrant? And while i was asking him questions he threatened to give me a DUI cuz i had driven a friend home 30 minutes earlier. Can he threaten me like that? Also over the past few days he has been telling everyone around town about the tickets he gave us. Is he allowed to do that?
Any help would be greatly appreciated. This is a long post but i want to get everything explained so that i can some correct answers on my questions

 

[StevenJ_420Law]

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

I need some help this minor in comsumption is not normal at all. yes i was drinking i had 2 beers at about 12 but this all occured around 4 in the morning when me and my little brother were going to sleep. The cop who gave me a ticket was in my house snooping around. He was never able to give me a probable cause of why he was in my house. The only reason we knew he was there was wen my little brother had gone downstairs to get himself a glass of water out of the fridge. He had scared my little brother and he took him outside well i did not wat was going on so i went down to check on my brother. He said he was going to give me and my brother a ticket for Minor in consumption. Me and my sibling both asked wat for he never gave us a reason and he also never gave us a sobriety test or a breathalyzer test to prove that we had been drinking and me and my little brother both asked for those things. Can he give us an MIC without any proof?

Well .. did you admit it? How did the officer know you were DUIing?

He never gave us a reason for why he was in the house. Can he be inside my house without probable cause?

Not giving you a reason is not the same thing as not having probable cause. He sounds a little shady and anti-rights though. Did you check your jewelry and other valuables?

Would you not need a warrant?

Depends on what happened.

And while i was asking him questions he threatened to give me a DUI cuz i had driven a friend home 30 minutes earlier. Can he threaten me like that?

Well if you would stop talking yourself into criminal charges, you would do yourself much better.

Also over the past few days he has been telling everyone around town about the tickets he gave us. Is he allowed to do that?

yeah, cops yap about their little war stories. Thats what they do.. but they dont usually venture out of their group...

 

[pintinto79]

I live in a really small town that has bout 1000 people so when your out driving ppl home at 3 a.m people tend to notice. that is the reason he threatened me with the DUI. I had also stopped at the local conveniece store to get me a coke at bout 3 30 a.m. he stopped and talked to me also askin if had somebody walking around town with a baseball cap and a wifebeater who was also wearing jeans. I had seen the man so i told him yes were he was at the time i had seen him and all the information then he took off. Then 30 minutes later he gave me my ticket. Yes i did check all my valuables everything is there. i bet to you this whole story sounds really compicated but im just trying to get everything out there cuz i need all the help i can get. because the texas minor laws and laws involving probable cause are not really that specific. I would like to get out of this ticket cuz all of it seemed pretty shady at the time but him being a cop and me being an 18 year old boy it can be intimidating

 

[justalayman]

so, did you actually ask why he was in the house?

don't you lock the doors when you go to bed?

If he could not give a reason why he was in your house in the middle of the night by breaking into your house, you should have called the police and reported a trespasser that had broken into your house.

Time for an attorney.

 

[pintinto79]

He is the police and know i didnt think of locking my doors it was 4 a clock in the morning and i was tired of taking care and driving home drunk people. Yes i asked why he was in the house but he never gave me an answer.

 

[justalayman]

then your attorney will need to attack the justification for the officer skulking about in your house. If he cannot provide a legal justification, you have an excellent chance of having any evidence obtained by the illegal intrusion tossed.