Underage Consumption Charges at a Large Party

My question involves criminal law for the state of: Tennessee

Need some advice. My son, along with 30-35 other people, were cited for underage consumption at his fraternity house. The police entered his house based on a 16 yr old that was found drunk near his house. The minor said she had been in the frat house. The police entered the house on probable cause and had the chapter president get everyone out of their rooms. They were threatened with possible arrest for not complying. This was at 1:30am and several of these people had to be awakened. Every person who was under 21 was cited without any questioning or sobriety tests being administered. They all are to show up for booking in 2 weeks. My son was not drinking and has witnesses to this. He was getting into bed when this started happening. The university will be notified as well. What should we/he do with the school and the law? Any advice is appreciated.

If there were no sobriety tests administered, how do you know your son was not drinking?

He said he wasn't drinking and has witnesses. He was in his room, getting into bed when this happened. How do they know if he was or was not drinking?

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Quoting SonInTrouble?

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He said he wasn't drinking and has witnesses. He was in his room, getting into bed when this happened. How do they know if he was or was not drinking?

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well, who has the burden of proof? your son or the state? recommend a lawyer for your son. the police either: a) have proof of your kid's drinking or b) they don't .

case discovery might find out.

cops can testify that the smelled it on him and he appeared to have been drinking .. is that enough? depends on circumstances and state law

what's a 16 yo doing at a frat house? huh?

we don't know if the 16 yo was actually ever at the house. That's just what she told the cops. That gave them probable cause to enter the house. What gives the police the right to enter the house and give everyone under 21 a citation without any questioning or sobriety tests? Some of these kids were awoken and taken out of their rooms in their underwear. The cops in this city have been cracking down on all of the fraternities and sororities. It sounds like a big shakedown to me. Police do not have a case, but all of these kids will be booked and will pay court costs. Several parents have or will file complaints with the police chief.

Based on what I know, having been 18 and 19 and 20 myself, and having raised four children who have passed through those ages themselves, my BS detector is going off wildly at this story. The police do not do what is being described in my experience because they do not want to have reprimands on their employment records. They further do not like it when they are blamed by the city officials for causing expensive lawsuits and ultimately expensive settlements. Therefore, there is some little teeny tiny detail that your son has omitted in relating why he got arrested to you, Mom/Dad. Can you think of why a young person away at college arrested by the police for under-age drinking might have an incentive to leave out some teeny tiny little detail when explaining their arrest to their parents? In the scheme of how the world works in my understanding that is vastly (like 100% of the time) more likely than the story you were actually told. Now, I dont' know your son. I'm just sayin'...

If he was not found in possession and did not blow over 0.00 his lawyer should be able to beat the charge.

Do you really believe a prosecutor would muck up the court's docket by charging someone he had no evidence on? Do you really think prosecutors place such little value on their jobs?

Note that you don't have to CONSUME alcohol to be guilty under this statute. The Tennessee statue reads "it is unlawful for any person under twenty-one (21) years of age to purchase, possess, transport or consume alcoholic beverages, wine, or beer."

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Quoting Bubba Jimmy

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Based on what I know, having been 18 and 19 and 20 myself, and having raised four children who have passed through those ages themselves, my BS detector is going off wildly at this story. The police do not do what is being described in my experience because they do not want to have reprimands on their employment records. They further do not like it when they are blamed by the city officials for causing expensive lawsuits and ultimately expensive settlements. Therefore, there is some little teeny tiny detail that your son has omitted in relating why he got arrested to you, Mom/Dad. Can you think of why a young person away at college arrested by the police for under-age drinking might have an incentive to leave out some teeny tiny little detail when explaining their arrest to their parents? In the scheme of how the world works in my understanding that is vastly (like 100% of the time) more likely than the story you were actually told. Now, I dont' know your son. I'm just sayin'...

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first off, your BS detector is broken. He wasn't arrested. He was not given a field sobriety test. He's BAC was not checked. He was simply issued a citation for underage drinking. He was not in possession was any alcohol at all. He, along with several other people, were taken out of their rooms and issued these citations with no questions asked. Granted, there were several others that were drinking. The police in this town DO NOT like the fraternities or sororities. They have tried for years to shut the entire Greek system down. They have had numerous complaint filed for similar situations. He met with an attorney today. The lawyer thinks he can easily get this dismissed but the retainer is $1500. I will be out this money because of an overzealous police dept.

You are right though....he's not your son. I'm just sayin'...

As stated, if he was in a place where alcohol was available to him, it can be construed as possession and that's all that's required.
Given the fact that YOU don't know exactly what happened and what the police assert and WE don't either, a lawyer is the only chance he has.

here's an update... What I said happened, did indeed happen. What I didn't know was this involved university police, city police and county sheriff. Many of the cases will be dismissed due to no evidence, improper police action and intimidation. The university police are being investigated by the university and the officers involved are facing termination. Once the cases are dismissed, action will be taken against the city and county. This was a complete abuse of power by 3 different law enforcement agencies.

Interesting that the only case I find in TN is the alcohol enemas.