Underage Possession of Alcohol in Georgia

My question involves criminal law for the state of: Georgia

I have a classmate that had an unfortunate experience and she is confused and scared so Im asking a question for her.

She was sick with the flu for a few days (vomiting, etc) and missed school due to her illness. She lives on campus. On Feb 17th she decided to go out with a few friends and did have a couple drinks but the drinks made her feel worse so she went back to campus and was vomiting in the restroom (community restrooms at the dorm)

After getting sick, she went to her room and went to bed.
Later, after she had fallen asleep. after she had been asleep for a while, she heard banging on her door and before she could get up the door opened and a police officer was there.

When she woke up, obviously not wide awake, they said there had been reports she had been vomiting in the restroom and asked if she had been drinking.

She told them she had a little to drink but she had been sick for a few days and the vomiting was due to the illness not intoxication. (Not the best thing to do, I'm sure....but she was very sick and had been woke up...obviously not thinking clearly)

The campus police cited her for Underage Possession of Alcohol

I have a few questions.
Was it legal for the police to come into her room without a warrant?
If she wasn't actually in possession of alcohol, how could she be cited? There was none in her dorm room and she was sleeping when they cited her?
What are the consequences of this offense?
She's afraid to call her parents and after all the reading I'm doing, this isn't a minor violation.....Please help me deliver as much information as possible to her so I can help her get the proper assistance before it's too late :(

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Was it legal for the police to come into her room without a warrant?

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Depends on what her housing contract with the college says. It's been a long time, but I recall mine stating outright that LEO could enter my room at any time.

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If she wasn't actually in possession of alcohol, how could she be cited? There was none in her dorm room and she was sleeping when they cited her?

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One need not be in possession of alcohol at the very moment one is confronted by LEO. She admitted to drinking outright - can't drink if you were never in possession. She was charged fair and square.

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What are the consequences of this offense?

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It's a misdemeanor, carrying fines of up to $300, and the possibility of jail time, and probation. First offenders rarely go to jail, as long as they don't show their asses in court.

Your friend needs to tell her parents and secure counsel.

I just found out she's under court supervision for underage drinking.

Do you know what she faces since it's also alcohol related?

Same penalties as above, bigger fines since she's already been busted, and the possibility of jail.

That thing I said about her parents and a lawyer? Really not kidding.

I will stress it to her just how important it is and show her this post. I am 40 years old with a child her age. I would want to know if she were my child. She was just going to pay the fine and be finished and I was very concerned about her doing that. Thank you so much for your help. So very much appreciated. I will keep you posted on what happens.

What if the first offense was expunged?

The courts can still see it. In the eyes of the court, she's no longer a first offender.

Still not kidding about that attorney. We cannot help your friend. It's all in her hands now, and if she can't hitch herself up by the ovaries and get professional assistance, she's going to have to take her lumps the hard way.

Thank you so much

By the way... campus police are charged with ensuring the well being of the residents on campus.

I was a resident assistant at UGA for a few years (several years... decades...ago)... if we were worried that someone was going to die from drinking (or choking on their own vomit - trust me, there is no worse way to die. Got way to close to watching someone buy it that way over the years), the RA had the responsibility and the right to call campus police and open the door to check on her condition.

I am guessing she vomits REALLY loud.... or was screaming obscenities or something... or left a hell of a mess behind.

Something to make someone wonder what was going on.

Well...she said that some girls were banging on the stall in the restroom when she was vomiting and she told them she was ok.

She sleeps on the top bunk and was in bed and didnt quite make it to the restroom so on the way in she got sick on the floor.....so they did check on her.

I do know for certain that she had been since for a couple days because she had emailed the instructors and when she came back to class the following Monday, she was still obviously sick. The instructor actually sent her home.

Im just curious why the RA wouldn't have shown such concern about her vomiting the prior couple days and then all the sudden it's a life or death situation that required four people to break into her room. The RA's that came to her room were not the ones that were for her floor.

She woke up to 2 police and 2 RA's banging on her door then letting themselves in. I'm quite certain that with four complete strangers standing in her room as she wakes up she might have felt a bit frightened, intimidated and caught off guard.

I'm just very concerned because she won't call her parents. I can't make her do that but I did ask her to call legal aid for help.