Your Rights At a Party

[Stangarang]

So, to beat a DUI minor charge, all you have to do is consume something that would mask the scent of alcohol on your breath? I'm well over 21, but I'm just curious.

 

[VeNoMiZeD]

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.



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:

I agree. Whether I was 21 or Under 21. I would have simply told the neighbor to please move to the side. If not, I would simply walk right pass him. If he grabbed me, I would have in SELF DEFENSE punched him. If he continued to grab me, I would continued to defend myself. Not to the point where he is lying on his back and he his in defense mode. You can't get in trouble for defending yourself (like if someone grabs you and you swing in defense). But if defend your self, and continue to fight to the point where the offender is now being a defender (now your both in trouble). See when officers issue tickets, many would simply pay and not fight the ticket. I would have simply fought the ticket, and see how that not doing a breathilzer would hold up for proof. Not saying I would win, but my chances are better than to not fight it and simply paying. Espcially if I were over 21.

 

[DaleM]

Close the door and everyone be very quiet while the cops knock on the door. Try not to giggle.

 

[mswaim]

I agree. Whether I was 21 or Under 21. I would have simply told the neighbor to please move to the side. If not, I would simply walk right pass him. If he grabbed me, I would have in SELF DEFENSE punched him. If he continued to grab me, I would continued to defend myself. Not to the point where he is lying on his back and he his in defense mode. You can't get in trouble for defending yourself (like if someone grabs you and you swing in defense). But if defend your self, and continue to fight to the point where the offender is now being a defender (now your both in trouble). See when officers issue tickets, many would simply pay and not fight the ticket. I would have simply fought the ticket, and see how that not doing a breathilzer would hold up for proof. Not saying I would win, but my chances are better than to not fight it and simply paying. Espcially if I were over 21.

Under CA law, you cannot use self-defense as justification to physically strike someone who has not first struck you. Grabbing you and striking you are two, entirely different things. Now, if it escalates beyond that point, the lines get pretty fuzzy - pretty quickly...........

Also, in CA no officer would ever want to measure the actual BAC of a person they intend to arrest for violating penal code section 647(f) since the statute dos not depend on a BAC test to support a conviction. If the officer deems you to be so intoxicated that you cannot provide for your own safety or the safety of others, then you are arrestable under the 647 code.

 

[out99sider]

so if he is standing there, i walk up to leave, he pushes me, it is legal to do whatever to get passed him? if he was physically holding you there and not letting you by, what can he be charged with?

 

[Ifear3rdGear]

It really depends on what state you're in (i mean like states as in FL, KY, CA etc...) All i know is that in South Florida that is the one area that cops are actually quite cool about. They dont come busting into your house trying to "smell" it on your breath. and if they do show up and you have been drinking. their main concern is that you're not driving. Ive been to many house parties and frat parties, and I have NEVER been hassled for being intoxicated, and i have talked to many cops after they have shown up and are in the process of taking the beer or simply telling us to turn the music down. Now that im here at UM, and the police around here also seem to have better things to do than try and prove you were drinking/drunk when they showed up to a party. Safety is their main concern, and i know if that situation occurred around here, the cops would probably empty the beer out and make sure noone tried to freak out and drive away drunk?!

However, the people i party with down here that are from N.E have a whole different view on police and parties. They describe it as basically straight up "everybody freeze" type b.s :rollseyes . But hey, i guess its gonna vary depending on what type of officer you're dealing with.

I would hope that you officers dont take minors to jail simply because u "smelled" it on their breath...if that was the case down here, they wouldnt have any place for other real criminals. Ordinances and laws vary city to city and state to state, so

1. no it definitely wouldnt be considered kidnapping. sounds like a grouchy ass neighbor, but no kidnapping.
2. U COULD be issued a ticket, but in my experience, as long as you RESPECT the officer and dont WIG OUT and try and run once they've seen you, you'll usually get the same respect back from them. But that is just imho.
3. The friend that jumped was probably smart for doing that because if someone is of age around minors drinking, they usually take the brunt of it. But that all depends, because ive been at parties where people are over 21, and when the cops show up, they dont go around checking for everyone's age....if they did that, that would be absolutely ridiculous and a waste of everyone's time....

But hey, thats just my opinion from all the times ive been at parties and had the cops show up...3 weeks ago this happened and when he knocked on the door, i answered it, got the kid who owned the house, and all he told me n the kid was to turn down the music and dont disturb the neighbors anymore...

 

[charged98cobra]

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.

20 people scared of one unarmed man.... were there any balls in the crowd?

 

[mswaim]

Were there any balls in the crowd? YES!

There was at least one set of big brass ones and they belonged to the guy blocking the door and calling the police to deal with the twenty drunks who disturbed his evening!

Any more questions? If not, this one needs to die...................