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Arrested for Open Container

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  • 11-25-2008, 01:15 AM
    messenja
    Arrested for Open Container
    My question involves criminal law for the state of: Minnesota

    The bar I was at was closing and hundreds of people gathered on the street. Some had open bottles while most did not. I was finishing my beer and looking for a trash can outside the front step. I stepped on the sidewalk but intended to discard the bottle. When I went to throw the bottle away...two officers took me by the arms and led me to their car. They searched me and asked me questions to which I did not respond. I did not resist physically. They placed me under arrest and took me to the detention facility.

    Can an officer arrest you for an open container?
    Is the front step considered public property?
    Do officers wear microphones outside of their vehicles and can I obtain an audio copy?
    Can this be fought in any legitimate sense?
    Will this charge affect my admission to law school in the future if I choose to apply?
  • 11-25-2008, 07:43 AM
    cyjeff
    Re: Arrested for Open Container
    Quote:

    Quoting messenja
    View Post
    Can an officer arrest you for an open container?

    Apparently, yes.

    Quote:

    Is the front step considered public property?
    Yes.

    Quote:

    Do officers wear microphones outside of their vehicles and can I obtain an audio copy?
    No.

    Quote:

    Can this be fought in any legitimate sense?
    You can get an attorney. You can try to say that the police didn't see you holding a beer on the sidewalk.

    Quote:

    Will this charge affect my admission to law school in the future if I choose to apply?
    It may. It probably won't. But law schools are notoriously hard on law breakers.
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