Unlawful Consumption of Alcohol

[akwilli]

Illinois - 20 yrs old

This past Saturday night, my friend had a party. Around 30 people were there, the cops illegally broke in through a window that was open (the window had a screen, the cops punched through the screen and got up to the window using a lawn chair in my friend's backyard), and started handing out tickets.

They took everyone's license and I had a prior with the police department so I was arrested. I was held at the station until the next morning and was released on $100 bail with a court appearance and that I had "committed the offense of Unlawful Consumption of Alcoholic Liquor in that she, a person under 21 yrs of age, knowingly consumed an alcoholic liquor."

I did a breathalyzer while at the party, assuming that if I didn't it would be used against me. A few people who had also received tickets made sure to get pictures of the damage they did to break into the house.

Is there any way I can get around this? Also, is this a misdemeanor? Can the fact that they broke into his house be used against them?What is the name of your state (only U.S. law)?

 

[Isis1]

i have some bad news for you. they did not illegally break in.

 

[Banned_Princess]

I disagree, cops cant come through the window... If they wanted in, they have to come to the door. with a warrant, or probable cause. (which is the underage party, but still...)

 

[Isis1]

I disagree, cops cant come through the window... If they wanted in, they have to come to the door. with a warrant, or probable cause. (which is the underage party, but still...)

probably cause = minors consuming alcohol through window. window = entry.

 

[Banned_Princess]

If you say so... I would have a fit about it if it were me though...

 

[Isis1]

If you say so... I would have a fit about it if it were me though...

and there's nothing illegal about you having a fit about it.

 

[stealth2]

I'd also bet the cops tried to gain entry by normal means, and the kids thought that they could get away with it by not answering the door.

 

[Banned_Princess]

Yea, I suppose I would prefer a pushed in screen to a battering ram broken door...

 

[NellieBly]

Oh, to have been a fly on the wall when the host's parents got home.

 

[akwilli]

OK...so, the window they broke into was a bedroom. the door of the bedroom was closed. none of the windows were open for someone to see through them. does that make a difference?

 

[I'mTheFather]

OK...so, the window they broke into was a bedroom. the door of the bedroom was closed. none of the windows were open for someone to see through them. does that make a difference?

Did they knock first?

 

[dave33]

OK...so, the window they broke into was a bedroom. the door of the bedroom was closed. none of the windows were open for someone to see through them. does that make a difference?

It's obvious to see the point you are trying to make. You are saying the police could not have had probable cause.
The reality is that even if that is true it does not matter now. It does not matter because they issued citations and
can easily back up a claim of having seen illegal activity. They are quite clear on what the police report must include
to support any action that was taken by themselves. Now, you were arrested, they can support whatever claim they make.

It is also hard to believe that they randomly broke through screens and the first one happened to include underage drinking.
If you want to fight this than talk to a lawyer.goodluck.

 

[Mass_Shyster]

OP's lawyer should file a motion to suppress.

Probable cause is not enough to for the police to enter a house. They need a search warrant, an arrest warrant, consent, or exigent circumstances.

 

[tranquility]

I agree with Stevef, to enter a residence, the police need a warrant, consent or probable cause combined with exigent circumstances.

Not only that, but the mere standing on a lawn chair to look in the window is probably an illegal search.

 

[akwilli]

that's what I've been told by multiple people. is it necessary to get a lawyer then? also, if they fight the case that it was illegal for the cops to break in, is there a possibility that the ticket or whatever it is will be thrown out?