Question about a summons that I got.

Last weekend my buds and I got in a bit of trouble. Long story short; we were in a parked car, and I had two CAPPED 40 oz. bottles of beer under my seat in the passenger position. The cops pulled up since we weren't allowed to be in the lot, told us to step out of the car, flashed their flashlights in, and found them. Slapped me and the driver with a summons of "possesion of alcohol under 21", and gave the 2 guys in the backseat "trespassing" (they were only 17). (The 2 people standing outside the car didn't get in trouble.) Since this is my first (and hopefully I won't be dumb anymore and it'll be my last), they said the judge will most likely squash it. But some things that I pondered: Were the cops within their rights to look in the car? The 40s were capped, I thought it was legal to transport alcohol, and also, the car wasn't on. Could they have charged my friends and I with something more?? And any advice for my court appearance? Thanks.

If I remember correctly you're not allowed to transport alcohol in the cab of a vehicle. It has to be in the trunk if possible. I'm not sure what happens to a truck where you have no trunk, probably has to be in the back seat out of reach of the driver.

If they smelled alcohol on you or had reason to suspect that you were up to no good then they were within their rights to inspect the vehicle.

For the judge. Dress nice, act mature, don't speak out of turn, don't speak unless spoken to and dont play dumb. You were busted red handed and know what was happening. The judge knows this and will probably be more likely to follow through with something if you act like you knew nothing.

You can always try and talk the DA into dropping the charges. If he doesn't, you can always fight the case. A public defender is only about $50 here. Either way, dress nice when you talk to anyone, unless you're in your work clothes, which seems to be fine as well. And if you do get convicted, there are plenty of court programs that will erase the crime from your record if you complete the program, so be sure to inquire about that as well...-GeordiLaForge-

If by some strange reason I don't get off the hook, that's a very good bit of advice. I wouldn't want anything blemishing my record.

How can I get into contact with the DA? Is it even worth it if I'm most likely gonna get off the hook when I see the judge anyway?

[QUOTE="-GeordiLaForge-"]You can always try and talk the DA into dropping the charges. If he doesn't, you can always fight the case. A public defender is only about $50 here. Either way, dress nice when you talk to anyone, unless you're in your work clothes, which seems to be fine as well. And if you do get convicted, there are plenty of court programs that will erase the crime from your record if you complete the program, so be sure to inquire about that as well...DRAGONPIECEZ

If by some strange reason I don't get off the hook, that's a very good bit of advice. I wouldn't want anything blemishing my record.

How can I get into contact with the DA? Is it even worth it if I'm most likely gonna get off the hook when I see the judge anyway?

[QUOTE="DRAGONPIECEZ"]

[QUOTE="-GeordiLaForge-"]You can always try and talk the DA into dropping the charges. If he doesn't, you can always fight the case. A public defender is only about $50 here. Either way, dress nice when you talk to anyone, unless you're in your work clothes, which seems to be fine as well. And if you do get convicted, there are plenty of court programs that will erase the crime from your record if you complete the program, so be sure to inquire about that as well...F1ame_Shie1d

If by some strange reason I don't get off the hook, that's a very good bit of advice. I wouldn't want anything blemishing my record.

How can I get into contact with the DA? Is it even worth it if I'm most likely gonna get off the hook when I see the judge anyway?

And what exactly does the DA do that the judge doesn't? (I'm sorry, Law isn't my strong suit.)

[QUOTE="F1ame_Shie1d"]

[QUOTE="DRAGONPIECEZ"]

If by some strange reason I don't get off the hook, that's a very good bit of advice. I wouldn't want anything blemishing my record.

How can I get into contact with the DA? Is it even worth it if I'm most likely gonna get off the hook when I see the judge anyway?

DRAGONPIECEZ

And what exactly does the DA do that the judge doesn't? (I'm sorry, Law isn't my strong suit.)

[QUOTE="DRAGONPIECEZ"]

But some things that I pondered: Were the cops within their rights to look in the car?

No, unless they have a warrent, You're not required by any law to allow them to search your vehicle.

The 40s were capped, I thought it was legal to transport alcohol, and also, the car wasn't on.

If you're not allowed to have beer, and you had beer, it doesn't matter if they're capped or if the car was on/off.

Could they have charged my friends and I with something more?? And any advice for my court appearance? Thanks.

Just try to look nice, chances are nothing's going to happen to you.

Nibroc420

The police don't need a warrant to look inside the cab of a vehicle.

And yeah, it's legal to transport alcohol (assuming it's not an open container), as long as you're old enough to possess it. You aren't.

[QUOTE="DRAGONPIECEZ"]

[QUOTE="F1ame_Shie1d"]Any small things I've been to court for the DA is just sitting in a room next to the waiting area and everybody scheduled to see the judge that day has a chance to go in and speak with him prior to the hearing.

Mafiree

And what exactly does the DA do that the judge doesn't? (I'm sorry, Law isn't my strong suit.)

*looks at TCs sig* why do i get the feeling he is guilty?X360PS3AMD05

plain view doctrine, if they can see it through the windows, they can search. Or if the driver is pressured into giving consent.

And the reason you talk to the DA is because hes the one prosecuting you... hes lazy... probably got 20 different cases that morning and he wants no trouble. So you go explain to him the situation he will likely offer you a lesser charge right off the bat (probably ignores you the entire time, just notes your discontent and wants to avoid extra workt).

Basically the goal is to be as difficult as possible, in the justice world your crap is small potatoes... if you get all junior lawyer they just want to spare the trouble and expense to try the case... so they basically give you a plea bargain to make you go away because you arent worth their time. Just be polite, but let them know you think whatever happened was unjust.

If you are in the US you can do youthful offender crap too, which is just some community service (if that) and your case is expunged i believe.

The judge is actually a nonfactor, they will agree to whatever the DA suggests... judges are lazy too.

[QUOTE="Nibroc420"]

[QUOTE="DRAGONPIECEZ"]

But some things that I pondered: Were the cops within their rights to look in the car?

No, unless they have a warrent, You're not required by any law to allow them to search your vehicle.

The 40s were capped, I thought it was legal to transport alcohol, and also, the car wasn't on.

If you're not allowed to have beer, and you had beer, it doesn't matter if they're capped or if the car was on/off.

Could they have charged my friends and I with something more?? And any advice for my court appearance? Thanks.

Just try to look nice, chances are nothing's going to happen to you.

worlock77

The police don't need a warrant to look inside the cab of a vehicle.

And yeah, it's legal to transport alcohol (assuming it's not an open container), as long as you're old enough to possess it. You aren't.

in my great state of connecticut, its actually legal for every passenger in the car to be doing shots. No open container law here for some weird reason (even though we have some of the strictest dui laws). When i was drunk one time i called the state police and asked the police chief (or some other high ranking officer), he said it was totally legal to funnel beer in the passenger seat.

Seen this plenty of times with my mates and they were 10 times worse (you don't want to know) and they got off with it

Warrant is required for searching one's property. Police is often given greater power under most jurisdictions when it comes to traffic law. For example, aside from the power to search your vehicle, they also have the power to request license and registration. You don't have to worry about suits.

Traffic courts in States should be much more relaxed than most other courts I'd imagine.

The police don't need a warrant to look inside the cab of a vehicle.

And yeah, it's legal to transport alcohol (assuming it's not an open container), as long as you're old enough to possess it. You aren't.

worlock77

[QUOTE="worlock77"]

The police don't need a warrant to look inside the cab of a vehicle.

And yeah, it's legal to transport alcohol (assuming it's not an open container), as long as you're old enough to possess it. You aren't.

-GeordiLaForge-

And they had it... OP said they were a bunch of idiots tresspassing in a lot they weren't allowed in...

And knowing other idiots kids in generals, I would assume OP is leaving out details... I bet for one that he was scared to death when the police came... I bet they asked him nicely to step out of the vehicle... And I bet that officer probably asked OP if he could look in the vehicle and OP being a scared child said "y-y-y-yesss officer"...

And even if that officer didn't ask to search the vehicle... He still had probable cause to do so as OP was on private property, with illegal substances (for his age)... Not to mention I think OP even said the alcohol wasn't found from a search, it was found by the officers shining their light into the car and seeing them... And police are DEFINITELY allowed to look inside vehicles.

[QUOTE="-GeordiLaForge-"][QUOTE="worlock77"]

The police don't need a warrant to look inside the cab of a vehicle.

And yeah, it's legal to transport alcohol (assuming it's not an open container), as long as you're old enough to possess it. You aren't.

Buttons1990

And they had it... OP said they were a bunch of idiots tresspassing in a lot they weren't allowed in...

And knowing other idiots kids in generals, I would assume OP is leaving out details... I bet for one that he was scared to death when the police came... I bet they asked him nicely to step out of the vehicle... And I bet that officer probably asked OP if he could look in the vehicle and OP being a scared child said "y-y-y-yesss officer"...

And even if that officer didn't ask to search the vehicle... He still had probable cause to do so as OP was on private property, with illegal substances (for his age)... Not to mention I think OP even said the alcohol wasn't found from a search, it was found by the officers shining their light into the car and seeing them... And police are DEFINITELY allowed to look inside vehicles.

plain view doctrine, if they can see it through the windows, they can search. Or if the driver is pressured into giving consent.

And the reason you talk to the DA is because hes the one prosecuting you... hes lazy... probably got 20 different cases that morning and he wants no trouble. So you go explain to him the situation he will likely offer you a lesser charge right off the bat (probably ignores you the entire time, just notes your discontent and wants to avoid extra workt).

Basically the goal is to be as difficult as possible, in the justice world your crap is small potatoes... if you get all junior lawyer they just want to spare the trouble and expense to try the case... so they basically give you a plea bargain to make you go away because you arent worth their time. Just be polite, but let them know you think whatever happened was unjust.

If you are in the US you can do youthful offender crap too, which is just some community service (if that) and your case is expunged i believe.

The judge is actually a nonfactor, they will agree to whatever the DA suggests... judges are lazy too.

SoBaus

That's some helpful info. So basically I don't act like a smartass (which I'm not) and I'll get off the hook.

You aren't allowed to be in possession of alcohol if you're under 21. Cops got you dead to rights on that one.

[QUOTE="-GeordiLaForge-"][QUOTE="worlock77"]

The police don't need a warrant to look inside the cab of a vehicle.

And yeah, it's legal to transport alcohol (assuming it's not an open container), as long as you're old enough to possess it. You aren't.

Buttons1990

And they had it... OP said they were a bunch of idiots tresspassing in a lot they weren't allowed in...

And knowing other idiots kids in generals, I would assume OP is leaving out details... I bet for one that he was scared to death when the police came... I bet they asked him nicely to step out of the vehicle... And I bet that officer probably asked OP if he could look in the vehicle and OP being a scared child said "y-y-y-yesss officer"...

And even if that officer didn't ask to search the vehicle... He still had probable cause to do so as OP was on private property, with illegal substances (for his age)... Not to mention I think OP even said the alcohol wasn't found from a search, it was found by the officers shining their light into the car and seeing them... And police are DEFINITELY allowed to look inside vehicles.

Why would I be leaving out details when I'm asking for help with the situation? I stated clearly in the OP that they didn't SEARCH it, they looked in it. Next time you should bar your personal jabs at caling me a "child", because I assume you're about 2 years older than me (judging by your username), so put your smug sense of superiority aside, KID.

plain-sight law

I realize now that they were within their rights if they saw it in the car, but what about the fact that they were capped? I thought transportation of alcohol was legal above the age of 18.

I realize now that they were within their rights if they saw it in the car, but what about the fact that they were capped? I thought transportation of alcohol was legal above the age of 18.

DRAGONPIECEZ

I think that depends where you live. Some states require you to have any alchohol whatsoever in the trunk. I'm not certain on this, though.

Alright I see. Thanks for all the advice, everyone. I now have to take responsibility, know what I have to do, and hope for the best.

*looks at TCs sig* why do i get the feeling he is guilty?X360PS3AMD05

Hey hey! :P

I realize now that they were within their rights if they saw it in the car, but what about the fact that they were capped? I thought transportation of alcohol was legal above the age of 18.

DRAGONPIECEZ

what state are you in? all of them have different laws. But regardless its probably possesion by a minor. Just say it was your dad's booze or your dad's car... probably end up getting a plea for a $20 moving violation... basically less than a speeding ticket.

[QUOTE="DRAGONPIECEZ"]

I realize now that they were within their rights if they saw it in the car, but what about the fact that they were capped? I thought transportation of alcohol was legal above the age of 18.

SoBaus

what state are you in? all of them have different laws. But regardless its probably possesion by a minor. Just say it was your dad's booze or your dad's car... probably end up getting a plea for a $20 moving violation... basically less than a speeding ticket.

I live in NY, and yeah that's the plan. I would be happy with that; basically I'd be grateful for anything that won't go on my record. (I can deal with anything that's monetary related.)

[QUOTE="Buttons1990"]

[QUOTE="-GeordiLaForge-"]The police need probable cause to search your car though, like a drug dog giving an indication, or something illegal in plain view.. Your car is an extension of your home afterall...-GeordiLaForge-

And they had it... OP said they were a bunch of idiots tresspassing in a lot they weren't allowed in...

And knowing other idiots kids in generals, I would assume OP is leaving out details... I bet for one that he was scared to death when the police came... I bet they asked him nicely to step out of the vehicle... And I bet that officer probably asked OP if he could look in the vehicle and OP being a scared child said "y-y-y-yesss officer"...

And even if that officer didn't ask to search the vehicle... He still had probable cause to do so as OP was on private property, with illegal substances (for his age)... Not to mention I think OP even said the alcohol wasn't found from a search, it was found by the officers shining their light into the car and seeing them... And police are DEFINITELY allowed to look inside vehicles.

And they had probable cause as the TC was sitting on property where he was not allowed and the alcohol (illegal for someone of his age) was in plain damn sight.

[QUOTE="SoBaus"]

[QUOTE="DRAGONPIECEZ"]

I realize now that they were within their rights if they saw it in the car, but what about the fact that they were capped? I thought transportation of alcohol was legal above the age of 18.

DRAGONPIECEZ

what state are you in? all of them have different laws. But regardless its probably possesion by a minor. Just say it was your dad's booze or your dad's car... probably end up getting a plea for a $20 moving violation... basically less than a speeding ticket.

I live in NY, and yeah that's the plan. I would be happy with that; basically I'd be grateful for anything that won't go on my record. (I can deal with anything that's monetary related.)

your not the first person under 21 that got caught with some booze, believe it or not.... i dont know alot about NY law.. but even if they go for the full monty and dont plea you down they will probably just say something along the lines of "dont do it again and we will nolle it"

unless you freak out and punch someone at the court i think its safe to say there will be no record of it ever happening.

[QUOTE="DRAGONPIECEZ"]

[QUOTE="SoBaus"]

what state are you in? all of them have different laws. But regardless its probably possesion by a minor. Just say it was your dad's booze or your dad's car... probably end up getting a plea for a $20 moving violation... basically less than a speeding ticket.

SoBaus

I live in NY, and yeah that's the plan. I would be happy with that; basically I'd be grateful for anything that won't go on my record. (I can deal with anything that's monetary related.)

your not the first person under 21 that got caught with some booze, believe it or not.... i dont know alot about NY law.. but even if they go for the full monty and dont plea you down they will probably just say something along the lines of "dont do it again and we will nolle it"

unless you freak out and punch someone at the court i think its safe to say there will be no record of it ever happening.

An officer can issue you with a summons for civil trespass on a parking lot in America? That's crazy.jimmyjammer69

[QUOTE="jimmyjammer69"]An officer can issue you with a summons for civil trespass on a parking lot in America? That's crazy.jwsoul

Parking lots are often private property owned by businesses. Many businesses have restrictions on how and when their lots can be used and by whom.

[QUOTE="SoBaus"]

[QUOTE="DRAGONPIECEZ"]

I live in NY, and yeah that's the plan. I would be happy with that; basically I'd be grateful for anything that won't go on my record. (I can deal with anything that's monetary related.)

YellowOneKinobi

your not the first person under 21 that got caught with some booze, believe it or not.... i dont know alot about NY law.. but even if they go for the full monty and dont plea you down they will probably just say something along the lines of "dont do it again and we will nolle it"

unless you freak out and punch someone at the court i think its safe to say there will be no record of it ever happening.

I do not have a record. Like the cops said, the judge will most likely just slap me on the wrist and I'll be on my way. Lesson learned: Don't drink in public like a moron. What a stupid move.

Trust me frome experience. hire an expensive lawyer. Dont go public and DO NOT talk to the DA yourself. unless your a little rich kid or really lucky pleaing will just get you into the system and on probation, and the rest of your life anything questionable and all eyes on you. Trust me I know.mattykovax

he had a beer in his car, apparently you killed someone.

You dont go on probation for having a beer in your car.

[QUOTE="mattykovax"]Trust me frome experience. hire an expensive lawyer. Dont go public and DO NOT talk to the DA yourself. unless your a little rich kid or really lucky pleaing will just get you into the system and on probation, and the rest of your life anything questionable and all eyes on you. Trust me I know.SoBaus

he had a beer in his car, apparently you killed someone.

You dont go on probation for having a beer in your car.

Yeah I assume he's just being sarcastic to show how minor my offense really is, or he's trying to play off my ignorance to the law and scare me because he assumes, like some other people here, I'm a "little kid" :roll:

[QUOTE="mattykovax"]Trust me frome experience. hire an expensive lawyer. Dont go public and DO NOT talk to the DA yourself. unless your a little rich kid or really lucky pleaing will just get you into the system and on probation, and the rest of your life anything questionable and all eyes on you. Trust me I know.SoBaus

he had a beer in his car, apparently you killed someone.

You dont go on probation for having a beer in your car.

Actually my nephew-in-law did just that. Get probation from having beer in his car. Granted he also had a couple of minors with him, so that probably made a difference.

[QUOTE="mattykovax"]Trust me frome experience. hire an expensive lawyer. Dont go public and DO NOT talk to the DA yourself. unless your a little rich kid or really lucky pleaing will just get you into the system and on probation, and the rest of your life anything questionable and all eyes on you. Trust me I know.SoBaus

he had a beer in his car, apparently you killed someone.

You dont go on probation for having a beer in your car.

Uhoh! Looks like things can go either way for me now. If I get convicted: Bye bye finance degree, hello pirating on the open seas!

[QUOTE="jimmyjammer69"]An officer can issue you with a summons for civil trespass on a parking lot in America? That's crazy.jwsoul

Dude it's not a serious charge, relax. You'll probably get ACD or something.

Uhoh! Looks like things can go either way for me now. If I get convicted: Bye bye finance degree, hello pirating on the open seas!

DRAGONPIECEZ

if it comes to pirating i have scurvy and sailing experience if you are taking applications.

btw i was originally a finance major... my god it was boring.... so good luck with that.

[QUOTE="DRAGONPIECEZ"]

Uhoh! Looks like things can go either way for me now. If I get convicted: Bye bye finance degree, hello pirating on the open seas!

SoBaus

if it comes to pirating i have scurvy and sailing experience if you are taking applications.

btw i was originally a finance major... my god it was boring.... so good luck with that.

Don't make fun of me, but it's actually my passion and what I really want to do. (Something nautical related.)