MIP In Santa Barbara

My question involves criminal law for the state of: California

My son was arrested last night for a MIP in Santa Barabara. His first offense was on the beach, shame on him, and was changed to a disturbing the peace after he went through the drug & alcohol program.

Second offense - about 6 months ago he was arrested on the doorstep of his apartment in a gated and locked apartment complex. I thought that what you did on private property was not the courts business. It is not public property. He was going to fight, but instead of missing school, he pled guilty. Judge took away his license, but he applied for a provisional (??) and was granted.

He should get out of jail today, hopefully, again was arrested in his gated and locked apartment complex on private property.

Can we fight this and win. He has never been breathalized or proven to be drunk. I know it is unlawful for a minor to drink, but I thought being on private property protected you. We don't approve drinking under the age, but also I don't know anyone who hasn't. I don't believe that my son has a drinking problem. He just likes a beer at the end of the school week. He is a responsible young man and very frustrated with the whole thing.

It seems to me that the Santa Barbara Police are going overboard. I told him shame on him the first time, the next two seem like overzealous campus police. What can we do.

He now wants to come home -- Santa Barbara is not the place to be.

Being on private property does not give you license to break the law.

Gated communities keep out private citizens... not public servants. For instance, the meter readers, firefighters and dog catchers can go through the community ... why not the police?

Another way to look at the whole "private property" thing is this. Most child molestations happen on private property.... in some tragic cases, even owned by the molester.

The authorities arrest and prosecute molesters all the time.

Had he chosen to fight the arrest, he may have had a chance to fight the MIP charge ... maybe. But, since he did not, it's moot.

Next time, tell him to drink his alcohol INSIDE the apartment, and not outside. And NOT to have a party there lest the police come out again.

Also keep in mind that unless you have read the police reports, his account of events may be a little ... uh ... "sanitized".

- Carl