Providing Alcohol to Minors. Cop Gives Beer Back
My question involves criminal law for the state of: New Jersey.
Last night I was with one of my friends who drove me to the liquor store because I have no license. I purchased two bottles of beer. we were talking to some friends on a street and the cops were called for lingering. They asked who the beer was for and I told them it was for me, which it was. They asked my friend and he also said it was for me and he did not contribute any money for purchasing the alcohol. He also did not consume any alcohol and was not asked to submit to a Breathalyzer. After I was given the ticket for providing the alcohol. The officer gave me my beer back and told us to leave. If someone is being charged with providing alcohol to a minor, wouldn't it make sense that the officer would confiscate the alcohol and not give it back and let me leave with the minor? I feel with this situation I have a really strong case to be able to fight it. Plus the beer was where I was sitting by my feet. My friend also told the cops that he knew he couldn't drink and did not consume one drop. Any advice? They also found an open bottle that was not purchased by me. I was going to go to the liquor store and try to obtain a receipt to prove that It was not purchased by me
Re: Providing Alcohol to Minors. Cop Gives Beer Back
The officer's procedural error is not a defense. It may be that he did not want to go through the process of booking the beer as evidence. It was stupid to leave it if he thought you had committed the offense.
However, I don't know how he is going to prove you were providing alcohol to minors if your young friend never had any beer near him. Of course, keep in mind that no court is really going to buy that you bought two bottles of beer and neither was for your companion.
- Carl
Re: Providing Alcohol to Minors. Cop Gives Beer Back
thanks for the reply cdwjava. I agree with everything you said in your reply, but do u think it would make a difference in how much the bottles of beer contained It was two 22 ounces which is pretty much equivalent to one forty. since i told them the beer was for me to take home and it was not opened, i think that clearly justifies that the beer was just for me. I hope they can look at video from the liquor store because video will show that my friend never touched any of the beer, even when we got in the car to the point where the cops talked to us
Re: Providing Alcohol to Minors. Cop Gives Beer Back
THEY are not going to look at the video unless you obtain it as part of your defenense. If you want it for your defense, you are going to have to obtain it either through a request to the store or via a legal request as part of your defense (discovery)
Quote:
They also found an open bottle that was not purchased by me. I was going to go to the liquor store and try to obtain a receipt to prove that It was not purchased by me
where did they find this bottle with no owner? Obtaining a receipt with the one purchase on it is not going to prove you did not make a second purchase for some other item.
I like how you slid the presence of a second bottle into your story right at the end and yet explained nothing about it other than you are going to attempt to prove it was not purchased by you. Is that the beer you are accused of providing to your friend?
Re: Providing Alcohol to Minors. Cop Gives Beer Back
I dont know which one they r trying to accuse me of but all the bottles including the ones that i purchased were by me nd my friend did not drink anything nor did he touch nething or have ne of it in his posession
Re: Providing Alcohol to Minors. Cop Gives Beer Back
so you aren't going to answer the question. I guess I have nothing more to provide.