Alcohol & Drugs: MIP, MIC, Intoxication Underage drinking, miranda rights and confessions.

[NuckinFoob]

Alright. Here is the deal.
A few weeks ago I was in attendance at a party in my college town. The cops supposidly had noise complaints so they came to investigate. Once there they block all exits and proceeded to ID every individual at the party.

When I was being questioned by the officer I was not restrained in handcuffs however it's safe to say i was not able to leave if I wanted to. Because of the cops blocking the exits.

I was subjected to his questions and was written a citation.
"minor in possession or consumption"
-i was not in possession and there was no witness to consumption or solid proof.

I admitted to consuming a few beers however was never breathalyzed or given any form of field sobriety.

Given the circumstances that I was unable to leave on my own free will I believe I should of been read my miranda rights prior to being written a citation based purely on my confession.

My court date is later this week. I have no attorney right now because I simply don't have the money. I will represent myself if I have to.

I plan to ask the court to consider my objection that I was being detained and unable to freely leave and have been accused of a crime based only on the evidence of my confession, which was obtained while I was not mirandized. Therefore, I wish for the case to be dismissed.

I was not caught with alcohol in my hand, no solid proof other than my admission.

do you think I have any ground here?

 

[raskalnikov]

I admitted to consuming a few beers

That's your mistake. However, you may as well still fight it.

 

[CdwJava]

Miranda is not generally required in such a situation. You are free to make the argument, but if there was alcohol freely available to everyone there, you were underage, and you admitted to consuming the alcohol, you're probably done.

Is it possible the officer smelled the alcohol on your breath or coming from your pores? if you appeared even slightly inebriated, even that might be enough.

Keep in mind that possession means knowledge and constructive control over the item. In other words, you knew the alcohol was there and had the ability to easily partake.

Make the claim you like, but bring a checkbook to pay your fine.

- Carl

 

[NuckinFoob]

Miranda is not generally required in such a situation. You are free to make the argument, but if there was alcohol freely available to everyone there, you were underage, and you admitted to consuming the alcohol, you're probably done.

Is it possible the officer smelled the alcohol on your breath or coming from your pores? if you appeared even slightly inebriated, even that might be enough.

Keep in mind that possession means knowledge and constructive control over the item. In other words, you knew the alcohol was there and had the ability to easily partake.

Make the claim you like, but bring a checkbook to pay your fine.

- Carl

I am under the impression that if you're in a situation where you can not leave under your own free will and stop questioning, you must be read your rights to be protected from self incrimination.

"smelling" alcohol on me is not a valid reason in my opinion because of the nature of the environment I was in, it could of easily been spilled on me.

And the burden of proof lies on them. i dont have to prove i did not drink. they have to prove i did.

of course I did have a few beers. however, people have gotten away with murder because they were not read their rights and the confession was not admissible.

the only connection between me and the crime is my confession. even if he thought me to be intoxicated i was never subject to any field sobriety test or bac test.

 

[CdwJava]

I am under the impression that if you're in a situation where you can not leave under your own free will and stop questioning, you must be read your rights to be protected from self incrimination.

Your state law may hold the police to a higher standard than Miranda, but the federal standard is such that the totality of the circumstances must be evaluated and that the force used be the equivalent of a custodial arrest. A mere detention is not sufficient - by itself - to invoke Miranda. Plus, you don't even know if they intend to use your admission against you.

In the words of the United States Supreme Court, "the ultimate inquiry is simply whether there was a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest." (Stansbury (1994) 511 U.S. 318, 322, quoting from Beheler (1983) 463 U.S. 1121, 1125)

"smelling" alcohol on me is not a valid reason in my opinion because of the nature of the environment I was in, it could of easily been spilled on me.

Sorry, but your opinion and $3.80 will buy a venti mocha at Starbucks.

The odor and the spill would just help to show that you were were in constructive possession of alcohol. But, again, your state might hold a higher requirement for possession. I doubt it, but that could be the case.

And the burden of proof lies on them. i dont have to prove i did not drink. they have to prove i did.

No, they have to prove possession - not consumption. Again, you were at a party, were under 21 and surrounded by alcohol that you had ready access to. This can be possession (it would be in most other states, anyway).

And, of course, if the officers smelled alcohol on your breath ... well, that's proof.

of course I did have a few beers. however, people have gotten away with murder because they were not read their rights and the confession was not admissible.

This is not a murder, and you were not under arrest.

Unlike TV, 9 out of 10 arrests will NEVER require an arrest. On TV they do it because it is dramatic. Also, reading Miranda to an arrests suspect is - or used to be - the policy and practice of the NYPD, and since so many shows are based on NYPD, there ya go.

the only connection between me and the crime is my confession. even if he thought me to be intoxicated i was never subject to any field sobriety test or bac test.

The odor on your breath will be enough. They do not NEED a chemical test.

If the officer does not recall smelling alcohol on you, and if he cannot use your admission, then he will have to articulate how close you were to alcohol.

So, gather your pennies (a lot of them) and hire an attorney to make the motion for suppression ... of course, it may be a long way to go if they aren't even USING the statement. But, it might be a good idea to hire an attorney anyway. Keep in mind that the cost could be about $1,500 - at least that is what it would probably rate out here.

- Carl