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Public Intox, Possession of False Id

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  • 08-23-2010, 11:32 AM
    rdbucky
    Public Intox, Possession of False Id
    My question involves criminal law for the state of: Wisconsin.

    Recently a friend of mine had been out at bars in Madison, WI. When he exited the bar he was questioned by police, requested to show an ID. Showed his real ID showing he was 18 years old, police then searched his wallet for fake identification, finding his ID. Charged with Possession of false identification and underage drinking ticket. Was this a legal search? Could he have denied to show his ID to police and search his wallet? Is there any way he could have avoided these tickets?
  • 08-23-2010, 12:00 PM
    free9man
    Re: Public Intox, Possession of False Id
    A lot depends on why the officer made contact with him in the first place. Once they established his age and I'm guessing smelled alcohol on his breath, that was PC for the underage ticket.
    The actual search of the wallet I will leave to more learned folks to address. I'm guessing they can justify looking for it since he just came out of a bar, had been drinking and presented a valid ID that showed he was underage. Unless the bar he came out of had a history of not checking ids and serving underage drinkers, their first assumption is going to be that he had a fake ID.
    If the police had a valid reason for making contact with him then the underage definietely will stick and probably the fake ID. He could have avoided the tickets by not using a fake ID to go into bars and drink alcohol when he was not of the legally established drinikng age.
  • 08-24-2010, 09:12 AM
    BOR
    Re: Public Intox, Possession of False Id
    Quote:

    Quoting rdbucky
    View Post
    My question involves criminal law for the state of: Wisconsin.

    Recently a friend of mine had been out at bars in Madison, WI. When he exited the bar he was questioned by police, requested to show an ID. Showed his real ID showing he was 18 years old, police then searched his wallet for fake identification, finding his ID. Charged with Possession of false identification and underage drinking ticket. Was this a legal search? Could he have denied to show his ID to police and search his wallet? Is there any way he could have avoided these tickets?

    Let's assume no unknown factors gave rise to the search of the wallet.

    The only theory I can think of is in Kentucky v. Rawlings, the US SC ruled if there is probable cause to arrest, a search of the person can be effected before the magic words are uttered, but must be contemporaneous.

    Surely the fake ID was an arrestable offense?? If we apply Rawlings if your state follows it or permits it, the search was valid if there was an "intent" to arrest.

    Now I do not know if a search before the words are uttered, if it then must turn into an arrest, or a citation is satisfactory?

    When he is assigned a public defender if he pleads innocent or if he hires his own attorney, they can examine the relevant facts to determine if the search violated the 4th AM or your state Constitution.
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