minor consumption ticket - Tilted Forum Project Discussion Community

awake-nightmare · 01-13-2009, 03:09 PM

I live in Miami county,Indiana and had a halloween party last year. The next day a deputy was in my yard going through my stuff . My 17 yr daughter was coming out of the bath room at 6 am and seen him looking in the back window and screamed theres a man in our yard! I ran out to see who it was the officer said he was answering a call on child welfare/ missing kids in our area. His partner said we had a lot of cars so he was looking to see if they where here. I asked who he was looking for. He than said we have a lot of cans in our yard and more cars than were registered to us could he come in and see that the kids were alright. I again asked who he was looking for. He told me since it was a child welfare he needed to see the kids and couldn't give me names but that there were 3 of them. I have had trouble in the past with the school because I home school, so I let him in (I KNOW NOW I shouldn't have) I had to wake the rest of the teens 17-19 I left the room (hubby stlii there) to put my youngest in the showere(8) she had woke up with the flu, I come back and the cop was giving my daughter a breath test! I asked what the hell he was doing. he ignored me and continued asking the kids questions. I asked don't their parents have to be here? he said look you can do this here or go downtown and have blood drawn. He was a real Jerk my daughter was the only one who registered 0.06 He told her that is she was 2 months older she would be tried as an adult. He called her an alcoholic and said it wasn't her first time told me to open my eyes.She did have 3 drinks the night before and it made her sick and she spent the night puking. She also had just come out of the bathroom from still puking and brushing her teeth with Close up red. We were told not to talk to any one or go any where. After a few days of talking to the othere parents we called the sherrif and he said not to worry cause since his deputy never anounced himself everything was thrown out. So I relaxed then last week exactly 2 months to the day we get a notice he turned in the ticket to probation. I am to meet with them on the 22nd of Jan. to put her in AA classes and comm srevice. WTF? Help I called 3 lawyers in town they say since it isn't going to court they can't do anything. How do I fight this? the origninal call (if any it was never confirmed a call came in) was on missing kids not that we had a party and the cop never gave us a name or badge or came to the door her was going through my yard and there never was a partner. He parked next door and crossed the property and was caught! Then lied to me to getinside. Can any one help?

JStrider · 01-13-2009, 06:24 PM

maybe call the ACLU?

Sounds like a series of mistakes were made... and now maybe there is not much you can do about it...

do you have a back gate? was it closed? I dont think they can go in back yards unless the gate is open... dont know for sure, I know they cant go in a house unless the door is opened.

ASU2003 · 01-13-2009, 07:21 PM

FindLaw: U.S. Constitution: Fourth Amendment

Read through the 4th amendment or call some public defender and see if they can help. Read through the alcohol laws too, you don't want to turn it into something worse.

timalkin · 01-15-2009, 03:30 PM

genuinegirly · 01-18-2009, 09:20 PM

Find someone who knows the law. Quickly find an attorney in your area who will help you to make sense of the situation. Unfortunately you have learned a very difficult lesson: police are not always on your side. If you allow them an inch, they will step over your rights.

About this comment:

Quote:

Originally Posted by timalkin

There has got to be more to this story.

There are always several sides to any one story. Let's limit our responses to words that might be of support in this difficult time for a fellow board-member.

Plan9 · 01-18-2009, 10:11 PM

I've learned this as a responsible, upright citizen: Cops are not your friends. They're sneaky henchmen for a screwy legal system.

Good luck sorting out of your mess. You're probably screwed to whatever fate they have in store for you unless you can get a really slick attorney. My only real advice would be to avoid setting yourself up for failure in the future. If you insist of allowing minors to drink, it might be wise to A: prevent a gangbang of cars from happening outside your house, B: do all the drinking indoors, C: don't have cans and bottles and kegs visibly strew about your property.

Also instruct your partying offspring on the fine art of staying away from cops or at least to keep their mouth shut if they can't avoid 'em.

Our greatest "freedom" in this country is that we don't have to say a damn thing to anybody until we're "downtown" w/ a lawyer.

Deltona Couple · 01-19-2009, 07:52 AM

While I feel for the situation, I can only say that this is a good lesson in not letting an underage kid have ANY alcohol.

To the OP point, Ther should be a good lawyer somewhere who will take the case. The other lawyers are idiots who are not interested. A good lawyer would take the case HIMSELF to court, by suing the officer who did the initial on-site. Don't wait to defend yourself. taek the upper hand and file charges against the officer. Then THEY have to defend themselves, instead of the other way around. After that, go home, and don't throw any more parties where underage kids can gain access to alcohol.

snowy · 01-19-2009, 08:40 AM

Quote:

Originally Posted by Deltona Couple

While I feel for the situation, I can only say that this is a good lesson in not letting an underage kid have ANY alcohol.

It depends on your jurisdiction. Here in Oregon, it's legal for a parent to serve a minor alcohol, so long as they are in their own home. There are other states with similar laws.

ShaniFaye · 01-19-2009, 08:45 AM

Yep, Georgia is the same, Indiana on the other hand doesnt allow it

http://apis.niaaa.nih.gov/stateprofi...tateProfie.asp

dlish · 01-19-2009, 11:18 AM

are you sure it wasn't the close up RED that got her in trouble? surely it must have some alcohol in it or something. i mean, why else would she have alcohol on her breath??

pffft!

theres been many times when a cop has gone for an issue and found other more pertinant issues to attend to. what makes yours any different.

i too smell bullshit on this one

Strange Famous · 01-19-2009, 12:13 PM

You can get arrested for being drunk in the US?

damn.

I drank (at home, at parties, in pubs, in car parks, etc) since I was 15 and I never got in any trouble for it. One time the police asked for my name and address (cos I was drinking champagne and port with a couple of mates on a golf course at midnight and was wearing all black clothing) - but he didnt give a shit about the booze.

When I visited the states I noticed how uptight it was about booze. I got asked for ID three or four times (when I was 27, 20+ stones heavy and had a full beard) - which is weird experience when youre used to being able to drink in pubs from 15/16 years old in the UK with no one bothered as long as you behaved.

Anormalguy · 01-20-2009, 08:49 AM

Quote:

Originally Posted by Strange Famous

You can get arrested for being drunk in the US?

damn.

I drank (at home, at parties, in pubs, in car parks, etc) since I was 15 and I never got in any trouble for it. One time the police asked for my name and address (cos I was drinking champagne and port with a couple of mates on a golf course at midnight and was wearing all black clothing) - but he didnt give a shit about the booze.

When I visited the states I noticed how uptight it was about booze. I got asked for ID three or four times (when I was 27, 20+ stones heavy and had a full beard) - which is weird experience when youre used to being able to drink in pubs from 15/16 years old in the UK with no one bothered as long as you behaved.

Strange Famous, part of me agrees with you that a lot of folks in the US are too uptight about alcohol consumption.

OTOH, based on what I've seen in my British in-laws here and in the UK, there are a lot of heavy drinkers and alcoholics in the UK who rationalize their drinking with "...but I drink responsibly" and "We let the children drink at home so that they don't get into trouble when they go out with their friends." I readily admit that my observations are limited, and I have a bias as an aloholic.

Lasereth · 01-21-2009, 07:53 AM

You let the cop in your house, he saw your daughter shitfaced and he did the right thing. What more is there? She was drinking illegally and the cop found out about it and did his job. Some cops are assholes, some aren't, but in the end he was doing his job, even if it wasn't his purpose for coming in. If you allowed him in your house then it's his job to uphold the law (even if it's ridiculous).

Cynthetiq · 01-21-2009, 08:15 AM

Quote:

Originally Posted by awake-nightmare

So I relaxed then last week exactly 2 months to the day we get a notice he turned in the ticket to probation. I am to meet with them on the 22nd of Jan. to put her in AA classes and comm srevice.

What does "turned the ticket to probation" mean?

An officer cannot create a judgement... he can only recommend such a thing. Also when does the 17 year old turn 18? Once the minor turns 18, they are no longer a minor. Still cannot drink, but not a minor and all infractions of law prior are no longer treated the same.

telekinetic · 01-21-2009, 08:17 AM

Quote:

Originally Posted by Lasereth

You let the cop in your house, he saw your daughter shitfaced and he did the right thing. What more is there? She was drinking illegally and the cop found out about it and did his job. Some cops are assholes, some aren't, but in the end he was doing his job, even if it wasn't his purpose for coming in. If you allowed him in your house then it's his job to uphold the law (even if it's ridiculous).

Yeah, pretty much this.

1. Don't let cops in your house without a warrant
2. Don't let cops in your house without a warrant when you're 17 year old is shit faced
3. If a cop sees your 17 year old shitfaced, they're going to get arrested.

Since you're not claiming she wasn't breaking the law, I don't really see what you're questioning here.

AA classes and community service seems reasonable given the offense. Be glad they didn't stick her with worse charges--based on what I read of Indiana alcohol law, I think they could have charged you as well.

Jinn · 01-21-2009, 08:47 AM

Quote:

Originally Posted by twistedmosaic

Yeah, pretty much this.

1. Don't let cops in your house without a warrant
2. Don't let cops in your house without a warrant when you're 17 year old is shit faced
3. If a cop sees your 17 year old shitfaced, they're going to get arrested.

Since you're not claiming she wasn't breaking the law, I don't really see what you're questioning here.

AA classes and community service seems reasonable given the offense. Be glad they didn't stick her with worse charges--based on what I read of Indiana alcohol law, I think they could have charged you as well.

Pretty much this, indeed.

01-13-2009, 03:09 PM	#1 (permalink)
awake-nightmare Upright	minor consumption ticket I live in Miami county,Indiana and had a halloween party last year. The next day a deputy was in my yard going through my stuff . My 17 yr daughter was coming out of the bath room at 6 am and seen him looking in the back window and screamed theres a man in our yard! I ran out to see who it was the officer said he was answering a call on child welfare/ missing kids in our area. His partner said we had a lot of cars so he was looking to see if they where here. I asked who he was looking for. He than said we have a lot of cans in our yard and more cars than were registered to us could he come in and see that the kids were alright. I again asked who he was looking for. He told me since it was a child welfare he needed to see the kids and couldn't give me names but that there were 3 of them. I have had trouble in the past with the school because I home school, so I let him in (I KNOW NOW I shouldn't have) I had to wake the rest of the teens 17-19 I left the room (hubby stlii there) to put my youngest in the showere(8) she had woke up with the flu, I come back and the cop was giving my daughter a breath test! I asked what the hell he was doing. he ignored me and continued asking the kids questions. I asked don't their parents have to be here? he said look you can do this here or go downtown and have blood drawn. He was a real Jerk my daughter was the only one who registered 0.06 He told her that is she was 2 months older she would be tried as an adult. He called her an alcoholic and said it wasn't her first time told me to open my eyes.She did have 3 drinks the night before and it made her sick and she spent the night puking. She also had just come out of the bathroom from still puking and brushing her teeth with Close up red. We were told not to talk to any one or go any where. After a few days of talking to the othere parents we called the sherrif and he said not to worry cause since his deputy never anounced himself everything was thrown out. So I relaxed then last week exactly 2 months to the day we get a notice he turned in the ticket to probation. I am to meet with them on the 22nd of Jan. to put her in AA classes and comm srevice. WTF? Help I called 3 lawyers in town they say since it isn't going to court they can't do anything. How do I fight this? the origninal call (if any it was never confirmed a call came in) was on missing kids not that we had a party and the cop never gave us a name or badge or came to the door her was going through my yard and there never was a partner. He parked next door and crossed the property and was caught! Then lied to me to getinside. Can any one help?

01-13-2009, 06:24 PM	#2 (permalink)
JStrider Poo-tee-weet? Location: The Woodlands, TX	maybe call the ACLU? Sounds like a series of mistakes were made... and now maybe there is not much you can do about it... do you have a back gate? was it closed? I dont think they can go in back yards unless the gate is open... dont know for sure, I know they cant go in a house unless the door is opened. __________________ -=JStrider=- ~Clatto Verata Nicto

01-15-2009, 03:30 PM	#4 (permalink)
timalkin Addict Location: watching from the treeline	.. __________________ Trinity: "What do you need?" Neo: "Guns. Lots of guns." -The Matrix Last edited by timalkin; 12-20-2010 at 07:42 PM..

01-18-2009, 10:11 PM	#6 (permalink)
Plan9 I Confess a Shiver	I've learned this as a responsible, upright citizen: Cops are not your friends. They're sneaky henchmen for a screwy legal system. Good luck sorting out of your mess. You're probably screwed to whatever fate they have in store for you unless you can get a really slick attorney. My only real advice would be to avoid setting yourself up for failure in the future. If you insist of allowing minors to drink, it might be wise to A: prevent a gangbang of cars from happening outside your house, B: do all the drinking indoors, C: don't have cans and bottles and kegs visibly strew about your property. Also instruct your partying offspring on the fine art of staying away from cops or at least to keep their mouth shut if they can't avoid 'em. Our greatest "freedom" in this country is that we don't have to say a damn thing to anybody until we're "downtown" w/ a lawyer. __________________ *Whatever you can carry.* "You should not drink... and bake."

01-19-2009, 07:52 AM	#7 (permalink)
Deltona Couple Addict Location: Spring, Texas	While I feel for the situation, I can only say that this is a good lesson in not letting an underage kid have ANY alcohol. To the OP point, Ther should be a good lawyer somewhere who will take the case. The other lawyers are idiots who are not interested. A good lawyer would take the case HIMSELF to court, by suing the officer who did the initial on-site. Don't wait to defend yourself. taek the upper hand and file charges against the officer. Then THEY have to defend themselves, instead of the other way around. After that, go home, and don't throw any more parties where underage kids can gain access to alcohol. __________________ "It is not that I have failed, but that I have found 10,000 ways that it DOESN'T work!" --Thomas Edison

01-13-2009, 07:21 PM	#3 (permalink)
ASU2003 immoral minority Location: Back in Ohio	FindLaw: U.S. Constitution: Fourth Amendment Read through the 4th amendment or call some public defender and see if they can help. Read through the alcohol laws too, you don't want to turn it into something worse.

01-19-2009, 08:45 AM	#9 (permalink)
ShaniFaye Submit to me, you know you want to Location: Lilburn, Ga	Yep, Georgia is the same, Indiana on the other hand doesnt allow it http://apis.niaaa.nih.gov/stateprofi...tateProfie.asp __________________ *I want the diabetic plan that comes with rollover carbs. I dont like the unused one expiring at midnite!!*

01-19-2009, 11:18 AM	#10 (permalink)
dlish Currently sour but formerly Dlishs Super Moderator Location: Australia/UAE	are you sure it wasn't the close up RED that got her in trouble? surely it must have some alcohol in it or something. i mean, why else would she have alcohol on her breath?? pffft! theres been many times when a cop has gone for an issue and found other more pertinant issues to attend to. what makes yours any different. i too smell bullshit on this one __________________ An injustice anywhere, is an injustice everywhere I always sign my facebook comments with ()()===========(}. Does that make me gay? - Filthy

01-19-2009, 12:13 PM	#11 (permalink)
Strange Famous follower of the child's crusade?	You can get arrested for being drunk in the US? damn. I drank (at home, at parties, in pubs, in car parks, etc) since I was 15 and I never got in any trouble for it. One time the police asked for my name and address (cos I was drinking champagne and port with a couple of mates on a golf course at midnight and was wearing all black clothing) - but he didnt give a shit about the booze. When I visited the states I noticed how uptight it was about booze. I got asked for ID three or four times (when I was 27, 20+ stones heavy and had a full beard) - which is weird experience when youre used to being able to drink in pubs from 15/16 years old in the UK with no one bothered as long as you behaved. __________________ "Do not tell lies, and do not do what you hate, for all things are plain in the sight of Heaven. For nothing hidden will not become manifest, and nothing covered will remain without being uncovered." The Gospel of Thomas

01-21-2009, 07:53 AM	#13 (permalink)
Lasereth Knight of the Old Republic Location: Winston-Salem, NC	You let the cop in your house, he saw your daughter shitfaced and he did the right thing. What more is there? She was drinking illegally and the cop found out about it and did his job. Some cops are assholes, some aren't, but in the end he was doing his job, even if it wasn't his purpose for coming in. If you allowed him in your house then it's his job to uphold the law (even if it's ridiculous). __________________ "A Darwinian attacks his theory, seeking to find flaws. An ID believer defends his theory, seeking to conceal flaws." -Roger Ebert