Minor in Possession (Alcohol)

[RustyM]

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

My 19 year old son lives in TX and was recently a passenger in a car (driven by another minor - 18) on the way to college registration. They were pulled over for Speeding.
The police SEARCHED the vehicle and found an "open container" of Rum in the trunk.
The car was impounded, the boys were forced to spend a night in jail and charged with "Minor in Possession of Alcohol". They bonded themselves out in the morning and got their car back after paying a fine. Neither boy had ever been in trouble with the law before - no records.

I would have thought that the alcohol would have been confiscated, tickets written and the boys could continue driving to their destination. Neither had been drinking while driving. The police ultimately didn't charge the driver with speeding.

1. Was this search of the car appropriate?
2. Why did they have to spend a night in jail?

 

[Zigner]

1. Was this search of the car appropriate?

It depends.

2. Why did they have to spend a night in jail?

Because they had an open container of rum in the trunk!

 

[dmcc10880]

1. Was this search of the car appropriate?
2. Why did they have to spend a night in jail?

Another example of either stupidity or an illegal search. If the driver gave the police permission to search the vehicle, even without probable cause, the search would have been legal.

Teach your kid about his 4th amendment rights.

Who's the car registered to? An adult over 21? Well, it could have been theirs and he didn't know it was in the car. It is legal to have an open bottle in Texas if it is the trunk of a car, or in the case of an SUV, the furthest back compartment.

But, who knows what your kid or driver said during the stop.

They spent the night in jail because the were arrested for a misdemeanor. Hence do not pass go, do not collect $200.

 

[RustyM]

Are all class C misdemeanors punishable by a night in Jail ??? Now I realize, this is probaly a great lesson learned - so I'm not upset with it. It just struck me as odd. Why not take the alcohol away and issue a ticket, set a court date and be on your way? This is what I don't understand?

And I am not sure yet if permission was given to search the trunk. But if I had to guess, permission was not given up front because they knew the Rum was there. I am wondering if there is something that says because he's a "minor", some liberties can be taken. I already know that if a person is 21 or older and driving, alcohol can certainly be in the trunk with no consequences.

 

[dmcc10880]

Are all class C misdemeanors punishable by a night in Jail ??? Now I realize, this is probaly a great lesson learned - so I'm not upset with it. It just struck me as odd. Why not take the alcohol away and issue a ticket, set a court date and be on your way? This is what I don't understand?

And I am not sure yet if permission was given to search the trunk. But if I had to guess, permission was not given up front because they knew the Rum was there. I am wondering if there is something that says because he's a "minor", some liberties can be taken. I already know that if a person is 21 or older and driving, alcohol can certainly be in the trunk with no consequences.

Ok... you obviously do not get it. There are no liberties to be taken, just perseverance on behalf of the LEO. Why not take the alcohol way and go on... that would be prudent, but hey, bust them for MIP as opposed to a speeding ticket. Looks better.

As for the night in jail, no one was there to bail him out.

As for the stop.... here goes....

PD: Do you know why I pulled you over?
Dvr: No officer.
PD: You were speeding. I want your license and insurance info.
Dvr: No problem officer.
PD: Do you have anything in this car that I should know about?
Dvr: No officer.
PD: Do you mind if I take a look?
Dvr: No officer, I don't wish to submit of a search of my vehicle.
PD: Do you want me to call the K9 unit? (looking for drugs)
Dvr: I don't think that's necessary officer, but if you wish to I guess you can. Am I free to go now?
PD: How about you two step out of the car?
Dvr: Rolling up windows, turning off car, getting out, locking car and putting keys in pocket. Sure officer. We'll stand anywhere you instruct us to. And they shut up and do not talk AT ALL. Dashboard cams have audio too.
PD: Comes back with ticket. After spending 20 minutes frustrated in his car and knowing he can't do a search. Even if he got a dog, they would only hit on drugs, not alcohol.
Dvr: Ok officer, are we free to go now?
PD: Yeah, but don't let me see you speeding again.
Dvr: Thank you officer.

This give the kid a speeding ticket, your kid nothing. Now facing a fine and alcohol awareness courses and the potential to have his license taken away.

Not condoning minors in possession, but promoting the knowledge of the rights we have under the Constitution.

 

[RustyM]

well said!