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Is This Fucking Legal?

Jandy

New member
Long, bare with me.

Tonight was my Prom Night. It went great, we got all the pictures done, and made it to the limo pickup on time. We went to dinner at an amazingly over-priced restauraunt (where I got duck that tasted like rubber) and then went to our rooms. I had rented 3 large rooms at a local resort under my credit card. I'm 18. We planned on having 18 people, 6 per room, sleep over.

Prom was pretty good, they played some decent music and my date and I out-freaked everyone on the dance floor.

So we all make it back to our rooms (limo or otherwise) and settle in for some drinking. We had brought with us about 15 bottles of champagne, mo'et, ala'se, a couple 30's of beer, and some hard alcohol. Of the 3 rooms one is a Master Suite connected to the second room which is a Junior Suite. And just next door is the third room, a junior suite.

So the majority of us were partying in the master suite, was great we danced and drank and my date and I went for a nice long bathtub jacuzzi ride :)

We were a little loud I'm sure. But no one from the hotels or otherwise made any complaints or warning. So my date and I are sitting in the "unconnected" junior suite with 4 other people we had gone to prom with, and 1 person who had just arrived. I'm tied so I say to everyone Im going to bed. Walk over to the master suite, go to brush my teeth and realize I don't have any toothpaste. So I walk back over to the "unconnected" junior suite where everyone, including my date still are, and borrow toothpase, brush my teeth there, and then go to leave. As I'm leaving I asked my date if she wanted to go to bed too. So Off the both of us go to go back to the master suite, we say our goodbyes, and then I literally opened up the door to see two cops standing there.

I'm still a little drunk, tired, and shellshocked, so I'll make the rest of this suite.

What the cops did:
Cop 1: Probably been on the force for quite a while, didn't talk much
Cop 2: Could tell it was at max his 1st month on the job

The 1st cop came in and saw all the alcohol containers, asked who the rooms were rented under, I said I rented the rooms. He asked me who was 21, I said no one. Cop 2 proceeds to write all of us in the room for minor consumption citations. Cop 1 searches through the room, looks through a girls purse, and 3 of my friend's bags. They site us, have us all call our parents to come pick us up, and then leave. They didn't even check the other rooms I had rented that were right next door. So basically I got cited because I needed toothpaste.

WHY THIS IS BULLSHIT:
When the cops barged in they pushed my date into a wall (semi-violently)

The cops presented no warrant to search the room, that's fine because we let them in (technically.... if barging in without asking is letting them in)

BUT the cops presented no warrant to search our BAGS, and PURSES, and BACKPACKS.

Now since we got cited for minor consumption, one could say, "Well they didnt charge you with anything they searched your for, so even if the search was illegal it turned up nothing"

But here's the kicker, we were all cited for minor consumption BUT WERE NOT BREATHALIZED, WERE NOT GIVEN SOBRIEGTY TESTS, NOT EVEN HAD ANY ONE OF OUR BREATHS SMELT.


WTF?

I know I said I'd finish this quick, I'm trying sorry.

STUPID SHIT THE COP SAID:

Once my dad had arrived, I was a little more confident with the police since he also thought it was bullshit. I talked to cop 1, and asked him if he had a warrant for searching our stuff. He said, "You were all under arrest as soon as I walked in the room" NEVER ONCE DID HE TELL US WE WERE UNDER ARREST, AND IF WE WERE, NO ONE WAS READ THEIR 5TH AMEMNDMENT MIRANDA RIGHTS TO SILENCE AND A LAWYER'S PRESENCE. AND IF NOT MISTAKEN YOU CAN'T JUST SEARCH PEOPLE WITHOUT A WARRANT.

"You rented the room fictiously"
I DIDN'T KNOW HOTELS AND RESORTS REQUIRED AN 18 YEAR OLD TO CLASSIFY THAT HE WAS "RENTING WITH INTENT TO DRINK" IN ORDER TO NOT BE FICTIOUS.

Basically, our prom was held in a small town with a bunch of cops who honestly have nothing better to do than **** with kids having a good time, staying safe, and quietly drinking on prom night. I think some of those cops expect a promotion after this "huge bust".

Well I want to fight it, what do you guys think, should I?
 
Sounds lame dude.

Anyway, I'd say fight it only if it will be cheaper to fight than pay the fine. How much is the ticket for?
 
Shoulda pulled out your 9 millies and 38s and popped a cap in both of their asses. Gota assert your authority when your dealt a shit hand and the chips are down, yo.
 
The cops didn't need a warrant since the visible alcohol containers gave them probable cause.

My law knowledge is sketchy at best, so I can't break down the rest, but I can tell you that much.
 
buddy of mine got nailed for underage drinking once. cops smelled it on him, asked him if he had been drinking, he said "yeah, 2 beers" and that was plenty enough to haul him in (he was getting nailed for something else at the same time too). he got nailed with underage drinking when it went to court.

me and 2 friends all got nailed one night for underage drinking. cop pretty much walked into the house, saying he had reason to because he could smell alcohol, there had been a report, blah blah blah....i had plenty of alcohol ON me, but none really IN me. i hadn't had anything in maybe 2 hours, i felt sober (probably wasn't though). 2 friends were passed out drunk. they were hunting for alcohol in the house, but there was none. the keg had been drained and i had moved it from the kitchen into my trunk, there was no beer in the fridge....the one cop was digging through the trash can to find beer cans/bottles.....

we got a lawyer. the lawyer looked at us and said "did you admit anything?" no. "did they find anything?" no. we basically got off easy because they wouldn't of been able to prove that we actually got drunk in that county/township.....saying we could've been well out of their jurisdiction when we violated the law. disorderly conduct charges for all, and none of us went to court, we let the lawyer go for us as we all had work/school.

i know they saw containers in your case, but the same lawyer we got somehow managed to get our highschool's entire hockey team off on charges or the charges reduced when they got nailed mid-party.

about reading you your rights.....

5 years ago i got pulled over for speeding, and ended up failing a feild sobriety test, as well as the breathalyzer. i was cuffed and hauled off shortly after 1am. i consented to a blood alcohol test, so they drove me to the hospital and we got a blood draw. then we went to the police station, where a report was done up, i was fingerprinted, picture taken, etc. i believe around 4am we left and i was taken to the county lockup, put in my own cell, and i got a few hours of sleep. 830am i was woken up and hauled off to the magistrate on duty that morning (got SOOOOOO lucky, it was only a mile from where the car had been left....it could've been 15 miles away depending on who was on duty, was a saturday morning). at about 915/930 i went before the judge, and it was at that time i was read my rights. i had been in custody for 8 hours before having my rights read. i never said anything, to the cops, just trying to think to myself "you guys fucked up and i'm gonna walk."

the following monday morning i proceeded to call lawyers all over the area. every single one i spoke to said that it was completely legit that my rights were not read to me for 8 hours after i was taken into custody. i can not remember why they said it was legit, but they said that it was. i thought it was complete bullshit. on the flipside, i did end up semi-threatening a cop in the station that night, but he pissed me off with his attitude and i gave it right back to him. he wasn't expecting it.....but it shut him up pretty quick.

out of the whole DUI situation, i ended up getting accepted into the ARD (first time offender's) program. the DUI NEVER showed up on my driving record as a result of it. i'm free and clear of the 3 year time period in which i had to "behave" myself, so it won't show up. PERIOD. and i also learned a valuable lesson and wouldn't think about drinking and driving ever again. i was 21 at the time, go figure.

unless you've got corrupt cops in your area, they probably found some legit excuse to do what they did to you. i would, however, talk to a lawyer. even if the cops were completely legit in what they did, you can take it to court and more than likely get your fines/charges reduced, especially if you've got a clean record. might cost you a bit more to do, however, i know in PA underage drinking convictions carry with them a 90 day license suspension the first time, 1 year the second time, and the fines are stiff. the disorderly conduct charges we got were about 1/4 the cost in fines, and the lawyer cost me about the same as my fines.

good luck.
 
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