underage possession of alcohol (FL)

[rhc9209]

What is the name of your state? Florida

My son, who turned 18 last week, was attending a party last night where 20-30 kids from 17-19 years of age were. There was beer on the premises and apparently some had imbibed. My son arrived about 10:45 and his only contact with the beer was to remove some empty bottles from a table on the patio and take them to the kitchen.

The sheriff deputies were apparently responding to a complaint from a parent that her son (who was one of the kids in attendance) had stolen money ($175) from her and she knew he was attending this party. The deputies surrounded the house and came in through the back patio area.

My son and all in attendance were charged with underage possession. My specific question is what constitutes possession. If in fact his only contact with the substance was clearing empty bottles from a table is that legally possession.

There was no question about sobriety of all in attendance, no one was tested or even suspected of being under the influence. Also is this search for a potential felon grounds for staking out a house and entering without knocking from the backyard.

 

[racer72]

My specific question is what constitutes possession.

Being in the proximity of the alcohol. With no one over 21 to claim ownership, all get tagged.


There was no question about sobriety of all in attendance, no one was tested or even suspected of being under the influence.

Not required. They are charged with possession, not consumption.


Also is this search for a potential felon grounds for staking out a house and entering without knocking from the backyard.

Sure is.

 

[PrefersPrivacy]

If it's possible, you could try to find out the exact circumstances of the police entering the residence. (I'm assuming the party was at a private home.) Without a warrant for a specific individual or distinct investigatory purpose, there are very few circumstances under which the police can forcefully enter a private residence. The situation as you describe it does not seem to meet those requirements.

If, on the other hand, the police simply knocked at the door, the door was opened, and a crime was witnessed, the entry was probably lawful.

Even if you believe the actions of the police to be unlawful, it will be a difficult and expensive fight to attempt to prove it. Your son's best course of action is probably to attempt a deal with the prosecution, pleading no contest and hoping for deferred adjudication or some other form of probation.

Good luck.