Birthday Party And Minor's Alcohol Consumption
California-
This last weekend I celebrated my 18th birthday by having a party at my home. My parents received a citation for HOSTING A PARTY WHERE ALCOHOL CONSUMPTION BY MINORS PERMITTED (as is written on the citation). California Section 942.030 (a)
My parents knew who was going to be there and they knew my friend’s band was playing. Before the evening started I had informed my neighbors that it was my birthday and a band was scheduled to play for about an hour and a half. And I was going to end the party at 12:00am. My parents and neighbors were consuming alcohol during the concert, however, NO MINORS WERE CONSUMING ALCOHOL WHATSOEVER. Once the music ended (10:45 pm) my parents left me in charge while they went to a neighbor’s house down the street. At 11:15pm my guests sung happy birthday to me and insisted that the band play a happy birthday song to end the night, so I let them. The music was done for the night at approximately 11:30pm. Being young and dumb I decided to end the night by taking a drink of my parent’s whiskey, which of course, was locked away in a cabinet. I was the only one who drank it and I immediately locked it back up.
At approximately 11:50 pm, 10 minutes before I was going to end my party, 3 officers were at my door demanding answers. Because this was my first offense, I was intimidated and answered with either a “yes sir” or a “no sir”. They then started verbally abusing me and literally forced answers out of me by threatening to arrest me and take me to jail unless I let them in. I foolishly consented. My friends knew the police were at my house and brought all visible alcohol containers (which were left by my parents and neighbors) into my room to protect us from any false accusations of minor alcohol consumption. The three officers began searching my friends for alcohol and drug paraphernalia, none of which was found. They even looked through the girl’s cameras for incriminating pictures, none of which were found. Then the officers became frustrated and made everyone leave without testing ANYONE to see if they had consumed any alcohol. They just assumed because of the empty containers.
While my parents were coming back to the house, the officer told me that the ticket is going to be expensive and is going to “buy him a new car”. Once my parents arrived, one officer took my dad into the kitchen to write the citation while the main officer stood in front of me. When my dad told the other officer that he “needed his reading glasses” to read the citation before signing it, the main officer said to me “this is taking too long, stand up and put your hands behind your back,” which I did. My dad asked the officer to wait while he read the citation, but the officer was impatient and said “either you sign the ticket, or your son goes to jail”. My dad then signed the ticket and it was over.
There are more ridiculous things the officers said and did but I don’t want to make this too long.
Can my family protest this charge?
Can officers search through cameras?
Did the officers commit any wrong doing?
Re: Birthday Minors Alcohol Consumption
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Quoting
f1fan2008
California-
This last weekend I celebrated my 18th birthday by having a party at my home. My parents received a citation for HOSTING A PARTY WHERE ALCOHOL CONSUMPTION BY MINORS PERMITTED (as is written on the citation). California Section 942.030 (a)
What city or county was this? That looks like a municipal or county code section, NOT a Penal, Business and Professions, or Health and Safety Code section.
CA law does not allow serving alcohol to minors at such gatherings, either.
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My parents and neighbors were consuming alcohol during the concert, however, NO MINORS WERE CONSUMING ALCOHOL WHATSOEVER.
So .. no one under the age of 21 was in control or possession of any alcohol? If they left all you underage types alone with kegs or liquor, that could qualify. Not knowing what the section says, it's hard to say.
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Being young and dumb I decided to end the night by taking a drink of my parent’s whiskey, which of course, was locked away in a cabinet.
Oops.
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At approximately 11:50 pm, 10 minutes before I was going to end my party, 3 officers were at my door demanding answers.
They also probably smelled the alcohol on you.
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They then started verbally abusing me and literally forced answers out of me by threatening to arrest me and take me to jail unless I let them in. I foolishly consented.
Well, you can hire an attorney and he can try to move to have any evidence suppressed for a lack of consent. However, the officers may have been able to articulate a community caretaking function if there appeared to be minors at a party with alcohol.
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My friends knew the police were at my house and brought all visible alcohol containers (which were left by my parents and neighbors) into my room to protect us from any false accusations of minor alcohol consumption.
And you wonder why the cops thought THAT was suspicious?! :rolleyes:
Now, why would they think about removing the alcohol belonging to the adults that ALL up and left the alcohol there when they disappeared. if the kids were all having soda pop, why would they care about the empty booze?
Sorry, but I don't buy the bit about no one drinking, and I suspect the cops didn't either.
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Can my family protest this charge?
Sure. That's what court is for. I suspect it is a muni code violation and will likely be handled in traffic court. If it is filed as a misdemeanor in superior court, they might consider hiring an attorney.
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Can officers search through cameras?
With consent or a warrant, sure. Could they forcibly look through the girl's camera at the scene without her consent? Probably not. Had they found any evidence, it would likely have been suppressed. But, they could have seized it or held the girl and everyone there while they sought a search warrant ... that might take 4 hours (I've done this a couple of times ... amazing how the camera owner consents after an hour or two).
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Did the officers commit any wrong doing?
Hard to say. Their attitude may have been outside the department's acceptable norms, and they might have pushed the envelope to the edge. However, being rude or even pushing the envelope is not generally unlawful.
If you feel the officers were out of line you can complain to the agency. However, this whole thing looks like you and your friends WERE drinking.
- Carl