Hi, im in MN and i got a minor consumption and possession of alcoholic beverage. The only things i have on my record are 2 speeding tickets.
Story:
im a freshman in college. last weekend i went home, got drunk and went to our schools homecoming football game. While waiting in line for the bathroom with one of my freinds, i was approached by 2 police officers and asked to come with them. I was VERY cooperative and went with them. I asked what the problem was and one of the officers said somthing about one of the probation officers present at the game had reported me "staggering". So they take me outside the game to their black ford taurus, get the machine out of the trunk and breath'd me. I blew a .126. At this time there were 2 cops and the my principal present. As i was standing there, one of the officers grabbed a bottle of coke out of my back pocket and asked me "what is this?" I said i didnt know after which he opened it and smelled it. I was not placed under arrest, i was not asked if they could search me, and the bottle was simply plucked out of the back of my pocket.
Question:
After testing positive for alcohol, can they just grab what ever they want out of my pocket? Only the top portion of the coke bottle was visible, as it was all the way in my pocket. Can i plead guilty to the consumption, and innocent to the possesion on the grounds of illegal search and seizure? Dont the cops have to ask before they search me let alone TAKE somthing off my person?
any replies are greatly appreciated
Story:
im a freshman in college. last weekend i went home, got drunk and went to our schools homecoming football game. While waiting in line for the bathroom with one of my freinds, i was approached by 2 police officers and asked to come with them. I was VERY cooperative and went with them. I asked what the problem was and one of the officers said somthing about one of the probation officers present at the game had reported me "staggering". So they take me outside the game to their black ford taurus, get the machine out of the trunk and breath'd me. I blew a .126. At this time there were 2 cops and the my principal present. As i was standing there, one of the officers grabbed a bottle of coke out of my back pocket and asked me "what is this?" I said i didnt know after which he opened it and smelled it. I was not placed under arrest, i was not asked if they could search me, and the bottle was simply plucked out of the back of my pocket.
Question:
After testing positive for alcohol, can they just grab what ever they want out of my pocket? Only the top portion of the coke bottle was visible, as it was all the way in my pocket. Can i plead guilty to the consumption, and innocent to the possesion on the grounds of illegal search and seizure? Dont the cops have to ask before they search me let alone TAKE somthing off my person?
any replies are greatly appreciated
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