Alcohol & Drugs: MIP, MIC, Intoxication Help cops terrorized me with a MIP.

[Springer]

I was at a party last night and at one point when I walked past the front door I saw two cops coming, I believe they saw me holding a red cup in my hand. I stepped into another room and put my cup down. Then I went back the cops began questioning me. I told them I was twenty on ( I am just 24 days short). They asked for an ID and I asked if they had to see the own of the house first. The one bully cop got angry and questioned me again. I told them I would prefer that they see the owner of the house first. The cop then tried to put me into hand cuffs. I put one finger in the way and he began yelling that I was resisting. He threw me up against the wall and cuffed me. I have marks on my wrist from the cuffs and the one nice cop told the bully that he was surpised he didn't throw my head through the wall.
They no longter questioned me and proceded to ask the other partiers if they were drinking, they said yes, and the cops let them go. The cops never checked my cup and could not have been sure that it was mine. They never asked to come in but said that since it was a two family house that the inside entry room was public domain. Even though they still went into the house with out asking. The cop told me I was stupid and dumb and he threatened me with four charges and jail. I was the only one at the party that was charged.
The cop gave me a Uniform Traffic Ticket for "Poss. of beer under 21". I live in South Carolina and also go to USC, so he refered me to the USCPD for judicial punishment and a ride back to school. I have a scholarship that requires I get no alcohol misdemeanors.
Was not what the cop did illegal. Will this count as a misdemeanor? Will I lose my liscense? Is this a legitamate ticket? How should I go about fighting this? Lawyer?
Thanks

 

[curiousjay]

opinion

You have to go to court for the possession charge becuase it is a misdermeanor. You won't lose your license on the first one. You might lose your scholarship though, that is only if you lose the case. The cops can barge in the door if they have probable cause here in MI, but I don't know if it works that way there.
What I would recommend is for you to get a lawyer. Go to court have the trial (the cop won't be there) due to lack of proximity. Your lawyer will help you out from there, hopefully getting you some kind of plea bargain getting off with punishment such as: court fees, a fine, under advisory, a MIP course, community service and that's feasibly the worst scenario so I would worry about it too much. Concentrate on school and forget about those jerks.
CMU dude
curiousjay

 

[Michael Wechsler]

That's a good follow up post but I'm not sure a plea will help. The lawyer might be able to provide a good defense in that they never checked the cup. The officer might say he had since it would seem ridiculous that he didn't, but leave the cross examination to your lawyer. That alone might work.

I'm sorry to hear about the brutality, but the wrong committed after catching you with alcohol doesn't negate the fact that you were caught with alcohol. It's not like you "didn't get a miranda warning so the entire confession is thrown out." The attorney may likely seize upon this too if the cop shows up.

You probably want to hire an attorney. The scholarship is too important and a plea may not be acceptable to the school. I would think it is worth the investment.