Your Rights At a Party

[out99sider]

Ok, I was just recently in the Columbia, SC area and had a crazy expirience. I was at a party in an apartment complex and aparently a neighbor had come over to complain once before and being fed up, decided that we would stand outside the apartment, blocking the exit, calling the cops on his cell phone telling them to raid it. He was standing in front on 20 people not letting them leave and we all were on the 2nd floor. Considering no one was taking the initiative to try to get by him, a friend and I jumped on the 2nd story balcony to the ground and got the hell out of there. I am under the legal drinking age and wasn't really wishing to get a ticket for having drank a few beers. My questions are...

1. Isn't the neighbor pretty much commiting 20 counts of kidnapping by holding everyone against their own will?
2. If I wouldn't have left and the cops came, do they have to catch me in the act of drinking in order to be issued a ticket?
3. The friend that jumped with me was over 21 but didn't want to be given a ticket for contributing to minors. Was that the ticket he would have been issued?

Yes, I know, don't go to parties where this would be an issue but I am just submitting this to get some insight on what would have happened.

 

[mjzilinski]

Dont know much, but #2 they would give you a breathalizer, if you blew over you could get a ticket. I was leaving a party once and they gave everyone with me a breath test, we were all under 21, but none of us had been drinking yet though.

 

[dirtybird]

Unless the neighbor was actually physically forcing anyone to not leave, he wasn't doing anything wrong, at least not kidnapping. Someone might bring up an assault or something if they tried to leave and he stopped them. The police also don't have to catch you drinking just give you a BAC test and find out. I'm sure this will get cleared up with others here shortly, i'm just tryin to give some quick answers.

 

[out99sider]

He was physically blocking the door way, not letting anyone pass through the only exit.

 

[Lawman85]

...

1. Isn't the neighbor pretty much commiting 20 counts of kidnapping by holding everyone against their own will?
2. If I wouldn't have left and the cops came, do they have to catch me in the act of drinking in order to be issued a ticket?
3. The friend that jumped with me was over 21 but didn't want to be given a ticket for contributing to minors. Was that the ticket he would have been issued?

Yes, I know, don't go to parties where this would be an issue but I am just submitting this to get some insight on what would have happened.

#1. Not really, you were able to leave, so he didn't hold everyone. Of course, you could look at it that he was making 20 citizen arrests for the under 21 drinkers.

#2. No, we don't even have to give you a breath test, all we have to do is smell it on your breath.

#3. If the officers found proof that your friend gave you the stuff, or he admits to it, then yes, he could have been charged with it too.

 

[sbro712]

Dont know much, but #2 they would give you a breathalizer, if you blew over you could get a ticket. I was leaving a party once and they gave everyone with me a breath test, we were all under 21, but none of us had been drinking yet though.

We do not have to give a breath test. All I need to be able to do is smell it on your breath to be able to issue an MIP ticket. Push the issue enough and you can end up with a PI arrest.

In Texas if you are under 21, I smell alcohol on your breath and you have been driving I can issue you a ticket for DUI Minor and get your license suspended.

Not sure where you young 'uns get this "Cops need to give me a breathalylzer" to issue a ticket or make an arrest but it just isn't true.

 

[Five4Rider]

+1 to everyone. Also, in response to the kidnapping question, the crime of someone holding you against your will is "False Imprisonment" as long as it ain't a "Citizen Arrest" situation. I've made a few arrests of people's significant others just because they physically prevented them from leaving their home.

 

[Gilberto]

If there was 20 people and only 1 of him why didn't you guys just push him out of the way?

 

[philip]

If there was 20 people and only 1 of him why didn't you guys just push him out of the way?

+1

 

[Mport_KLR]

If there was 20 people and only 1 of him why didn't you guys just push him out of the way?

lol..too drunk to think of that problly

 

[99cobrablack]

Here in KS they issue MIP's even if you haven't consumed alcohol. Your friend could have got a "furnishing minors" ticket. I just got one last night even though I'm not 21, had our party called in, they made everyone dump the alcohol and turned everyone loose once they all had rides(rides or walking) and issues my roomate and I tickets.

 

[Lawfficer]

940.30 False imprisonment.
Whoever intentionally confines or restrains another without the person's consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony.

 

[FordSVTFan]

#1. Not really, you were able to leave, so he didn't hold everyone. Of course, you could look at it that he was making 20 citizen arrests for the under 21 drinkers.

#2. No, we don't even have to give you a breath test, all we have to do is smell it on your breath.

#3. If the officers found proof that your friend gave you the stuff, or he admits to it, then yes, he could have been charged with it too.

Indeed!!!

+1

 

[TacticalKaos]

In Texas if you are under 21, I smell alcohol on your breath and you have been driving I can issue you a ticket for DUI Minor and get your license suspended.

Not sure where you young 'uns get this "Cops need to give me a breathalylzer" to issue a ticket or make an arrest but it just isn't true.

Yeah but without a breathalizer the DA will have a hard time proving it in court. I think this is a BS rule and if police really want to get a conviction and help the DAs conviction rate (basically their most important statistic) a breathalizer should be given. If you think their drinking an over the limit why not give them one? I could easily get off on a "I smelled alcohol" in front of judge.

 

[jshen]

Right Lawman85

1. "No" remember Gomer & Mayberry..."citizens arrest"?
2. "No" If you been drinking...you are in possession of alcohol
3. "Yes" 1) contributing to the delinquency of minors, 2.) furnishing alcohol to minors, 3.) maintaining a disorderly house. 4.) Perhaps pubic drunkenness if outside.

Here, if an adult allows,condones or in ANY way is responsible ofr kids drinking....they get hammered in court. Possession of alcohol by minor is a midsemeanor OCGA 3-3-23, I think that section is correct. If under 17, you will loose your license by judge here too.

 

[out99sider]

So the definition that Lawfficer gave does not work in that situation? What exactly is a citizen's arrest?

 

[sbro712]

Yeah but without a breathalizer the DA will have a hard time proving it in court. I think this is a BS rule and if police really want to get a conviction and help the DAs conviction rate (basically their most important statistic) a breathalizer should be given. If you think their drinking an over the limit why not give them one? I could easily get off on a "I smelled alcohol" in front of judge.

DUI Minor is a ticket that can be issued for someone who is under 21, has alcohol on their breath and is not legally impaired i.e. passes the SFSTs yet has the odor of an alcoholic beverage on their breath.

Now, if they fail the SFSTs then they are looking at an arrest for DWI at which point they are offered the opportunity to provide a breath sample.

See the difference? Far from being a "bad rule" DUI Minor is a good law.

As far as winning or losing in court, I haven't lost one of those tickets yet.

BTW..after dealing with juries and idiot judges for 13 years, I have quit worrying about conviction rates. It's enough that the defendant had to pay for a defense liar. Here in Dallas County a defense liar won't take a DWI to court for a plea for less then 5k....if you want to go to trial then it's 8k and up.

 

[Mr.Shortround]

4.) Perhaps pubic drunkenness if outside.

You mean on public property right? I've never heard of a public intoxication ticket being issued on someones private property.

As far as citizens arrest goes, it's a shady area. If you were to push past him, I doubt anyone would have gotten into trouble. He does not know that everyone is drunk, or underage. This sounds like a college party, and many people over the age of 21 do not look it. (every guy can back me up on that one ;-) ) Since he has no authority to check peoples ID, he can't know if any law other than a noise violation is being broken. A noise violation is only given to those who own the property, meaning that the guests are free to leave. Now it's clear that underage people were present, but someone who doesn't know individuals personally can't make that assumption. Can you tell the difference between a 20 year old and a 21 year old? I can't. If a person of age had simply pushed past him, and he grabbed them... by the time officers arrived, all the underage people would probably be gone. The neighbor would then be facing inprisonment charges and assualt charges. Personally, I think that neighbor is an idiot. If he wanted to break up the party, it would have been much wiser to simply keep calling the police.

do they have to catch me in the act of drinking in order to be issued a ticket?

This all depends on your state. Missouri law used to be that your body was not a container, meaning that if an underage person was caught drunk, but wasn't seen physically drinking, they could not recieve a mip. However, I believe a new law recently changed this. (within 3 months ago)

Glad you got away without any trouble. :beer:

 

[hillie16]

#1. Not really, you were able to leave, so he didn't hold everyone. Of course, you could look at it that he was making 20 citizen arrests for the under 21 drinkers.

#2. No, we don't even have to give you a breath test, all we have to do is smell it on your breath.

#3. If the officers found proof that your friend gave you the stuff, or he admits to it, then yes, he could have been charged with it too.

Ditto.

 

[2003 Silver]

He was physically blocking the door way, not letting anyone pass through the only exit.

Might be a fire code issue............