Alcohol & Drugs: MIP, MIC, Intoxication Contributing To A Minor

[CountryBoy]

Lets say, there was this party. The party has been planed for weeks, and word got around the that there was a keg of beer and minors. there where two adults over 21 inside the house, and the party was outside. The adults know all about it, until the police arrived. The male hide and his story was he was at the casino, and the female said she didn't know about it and the keg was for a bachelor party. The adult male plans to fight the case. one of his kids is 16 and was hit with a MIP. His other kid was told he was going to be charged with a Minor Contributing To A Minor, for he said this was his party and he tapped the keg. there where nine MIP wrote that night.
Was the Police Officers wrong in not asking the kids under 18 if they would like a parent there before questioning them?

One police officer told a minor to take a walk, and he did and was not charged. Now the male adult knows this. Could he use this on his case, or should the minor say it was a lie? The minor does not want the officer to lose his job over this.

How does the adult males case look, and his kids?
What should the minor do to make sure the adult male can't make the police officer lose his job?

 

[Needananswer]

I doubt that the officer would lose his job just for telling the kid to take a walk, unless the officer has been in a lot of trouble before or knows the kid personally (it is his realitve or something similar). As for the MIP charges, even if the kids weren't drinking they can still get MIP's they only need to be where the alcohol is, even holding an upopened container can get you an MIP. As for the adult male, he is probably not going to be able to get of free and clear. It occured in his home, on his property, and his children where involved (I believe that's what your post said). He is responsible for knowing what his kids are up to, and what is going on in his home. One thing is for sure, they are all going to need to seek legal advice and get an attorney.

 

[CdwJava]

The officer is not required to ask for a parent before questioning kids at the scene of a party. The fact that one kid took a walk is not going to change the charges against the adult male. And there could be a number of reasons why he let the kid walk - the officer is not going to lose his job over this unless there were some grievous policy violation involved.

The adults involved in hosting the party need to consult attorneys as they might find themselves in serious trouble.

- Carl

 

[seniorjudge]

Q: Was the Police Officers wrong in not asking the kids under 18 if they would like a parent there before questioning them?

A: No.

 

[CountryBoy]

Well the adult male was aressed today, and posted bail...

Is there a law about being so many feet from a building looking in a window before a police officer can just walk in?

Can a minor order a keg and be charged with contrubting or something like that, but he did not buy it, he was there with the adult male who picked it up?

and what is the deal with warrants pending? do most warrants get signed? and what is a warrant for questioning? would the police take you to the station? because the minor who walked might have one. and the police officer who told him to walk is a good friend of his.

 

[CdwJava]

Is there a law about being so many feet from a building looking in a window before a police officer can just walk in?

If an officer is in a place he has a lawful right to be, and he sees a crime in progress, he can take appropriate action. Whether that action includes making entry would depend on a number of things including the nature of the crime involved.

Can a minor order a keg and be charged with contrubting or something like that, but he did not buy it, he was there with the adult male who picked it up?

CAN he be charged? Sure. Will he be convicted (or, have a "true finding" made)? It depends on the specifics of your state law.

and what is the deal with warrants pending? do most warrants get signed? and what is a warrant for questioning? would the police take you to the station? because the minor who walked might have one. and the police officer who told him to walk is a good friend of his.

A pending warrant is one that is ... pending. in other words, has not yet been signed, or maybe not served. It could mean a couple of things. If I tell someone that a warrant is pending I could be inferring that the DA will be seeking a warrant soon, that one is waiting for a judge's signature, or, that one exists but has not yet been served.

A warrant must be signed by the judge. However, the copy the officers have in the field may not be the signed copy, and a judge can also give a verbal okay for a warrant. And in Texas they have a "pocket warrant" process which requires something less than probable cause for arrest.

And no matter what the reason was that the officer let the kid go, it does nothing to exonerate the suspect(s). The fact the kid was allowed to leave is irrelevant to the guilt or innocence of the defendants. If it is an issue at all, it is a separate one.

- Carl

 

[CountryBoy]

And two of the minors are 16 so they don't have to have a parent present for qustioning or a PBT.
is there a web site where i can find the laws of michigan?

 

[CdwJava]

Try this link:

http://www.legislature.mi.gov/(S(kppkv1bbecdg2q55aqo5kv55))/mileg.aspx?page=mclbasicsearch

- Carl