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Old 08-04-2009, 04:51 PM
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Originally Posted by zapp168
****VERY IMPORTANT LESSON HERE****
....ALWAYS REMEMBER!! DO NOT OPEN THE TRUNK!!!!! If a cop pulls you over and asks YOU to open the trunk and you do....well then you just opened the trunk for the cop. You politely hand him the keys and say "here you are officer" that way he has to show probable cause for searching your vehicle. Mind you had he opened it, it would have gone down the same way, but I have done this and had the cop REFUSE to open the trunk and just walk away grumbling.
I've been a cop for 16 years and this has got to be the dumbest advice I've seen in a while...Those who know me know that I'm all about siding with you guys when, in my opinion, the police do something wrong...I'm not going to add my .02 about this particular case since I don't know the alcohol laws in the state of the OP...Some alcohol laws are absolutely insane, but they are laws..oh well...Anyway, handing a cop the keys to your trunk and saying, "here you are officer" is the same as letting him open the trunk...Either way you are giving him consent to search your trunk...You are actually adding to his case by giving him your keys...I can't tell you how many times voluntariness and consent has been tested in court and I've even put in my probable cause that, when asked to search the vehicle/trunk/whatever compartment, the driver said, "here ya go" and tossed me the keys...Even just handing me the keys is called "implied consent."

In this case if the cop watched the OP place alcoholic beverages in his trunk then he no longer needs your consent as he's now built his probable cause and has witnessed a crime, as he interprets the law, to be occuring in his presence and he has seen the evidence of that crime be placed in the trunk...

Either way good luck with your case. I hope it all goes well...

--Alan
Old 08-04-2009, 11:07 PM
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Originally Posted by ABA383
I've been a cop for 16 years and this has got to be the dumbest advice I've seen in a while...Those who know me know that I'm all about siding with you guys when, in my opinion, the police do something wrong...I'm not going to add my .02 about this particular case since I don't know the alcohol laws in the state of the OP...Some alcohol laws are absolutely insane, but they are laws..oh well...Anyway, handing a cop the keys to your trunk and saying, "here you are officer" is the same as letting him open the trunk...Either way you are giving him consent to search your trunk...You are actually adding to his case by giving him your keys...I can't tell you how many times voluntariness and consent has been tested in court and I've even put in my probable cause that, when asked to search the vehicle/trunk/whatever compartment, the driver said, "here ya go" and tossed me the keys...Even just handing me the keys is called "implied consent."

In this case if the cop watched the OP place alcoholic beverages in his trunk then he no longer needs your consent as he's now built his probable cause and has witnessed a crime, as he interprets the law, to be occuring in his presence and he has seen the evidence of that crime be placed in the trunk...

Either way good luck with your case. I hope it all goes well...

--Alan
Pretty much summed that one up.
Old 08-04-2009, 11:37 PM
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ok but regardless, we didnt get charged with an underaged driver having alcohol in his car, we got charged with providing alcohol to minors and posession of alcohol by minors. nothing to do with driving or anything so idk well see i guess

Originally Posted by davered00ss
Good luck, there is a law, that if you are under 21, you can not have alchol in your vehicle period. Your brother is screwed, even though you are 21.

You will probably get off with a warning if you have never been arested before. You will not win a law suit against them.
Old 08-06-2009, 08:15 AM
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Originally Posted by davered00ss
Good luck, there is a law, that if you are under 21, you can not have alchol in your vehicle period. Your brother is screwed, even though you are 21.

You will probably get off with a warning if you have never been arested before. You will not win a law suit against them.
You sure on that? So if I'm driving my mom to the store and she happens to pick a bottle of wine with dinner that's illegal? (that is if I was underage) I seriously doubt that.
Old 08-06-2009, 11:06 AM
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Originally Posted by davered00ss
Good luck, there is a law, that if you are under 21, you can not have alchol in your vehicle period. Your brother is screwed, even though you are 21.
Really? That sucks. So if a dad's car breaks down and is towed in, his son picks him up and is 18. They stop at the packy so the father can get a 6pack and the kid could get screwed for that? Seems alittle f***ed up to me.

Good luck with your case tho man. Wallingford PD has messed with me before for exhaust. The ones Ive run into arent the nicest guys on the planet.
Old 08-11-2009, 06:01 PM
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my brother and his girlfriend had their hearing yesterday and the charges were dropped. i go on the 24 but im bringing a lawyer to make sure i sue those pigs
Old 08-15-2009, 01:03 PM
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Originally Posted by C5042081
i got stopped for the same reason, i provided id for proof that i was over 21 and i was left go, unless the people under 20 are not drinking how can they even give you a charge for that, I say fight it
Same thing with me. I was 21 at the time and getting some beer for me and my dad, a 6pack. Had a couple minors in the car my best friends, brother and sister, they wanted to go for a ride. Undercover cop knocked on the window when i was going to pull away, ran my ID and i was let go. Officer said have a good night. I didn't realize they were staking out bars that apparently let minors buy.



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