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  1. #1
    Join Date
    Jun 2010
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    1

    Default Receiving a Possesion of Alcohol by a Minor in Iowa when Cops Entered Illegally

    My question involves criminal law for the state of: Iowa
    Recently, I was at a bonfire where there was alcohol present. After trying one sip of a screw driver and nothing else I went inside where I proceeded to drink water for the rest of the night. Soon, 4 other people came inside and told me that the cops were there. They had been called on a noise complaint. There was alcohol by the pool, which was not in plain view, but not in the house or garage. The cops later searched the premises and found the alcohol by the pool and a few beers left by the fire. The cops began to bang on the doors which were locked. They then proceeded to enter in the front door of the house, which was the only one not locked without permission, or again any alcohol being in sight of the house. I was sitting down stairs drinking water when they made me go upstairs and be questioned and later breathaliyzed. They asked if I had drank and I told them just one sip earlier and had had water for the rest of the night. I was then screamed at 4 inches from my face until I said one sip is drinking. I was breathaliyzed and blew just .016. This was my first offense, but I am 18. I received a Possession of alcohol by a minor ticket with the fine totaling $330. Would there be any merit to fight the ticket or should I just pay it? If I do pay it is there any way it can be a closed file and/or expunged from my record.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Receiving a Possesion of Alcohol by a Minor in Iowa when Cops Entered Illegally

    You are stating that the police entered illegally, in response to a call to a loud, underage drinking party, because you think that if the underage drinkers hole up in the house, giggling, instead of answering the door the police (like vampires) can't enter unless invited? I expect that the police report will outline the exceptions to the search warrant requirement that the police believe justify entry, with a likely focus on 'exigent circumstances' - possible medical need by the poor teens inside, perhaps too poisoned by alcohol to drag their carcasses to the door. (They were only thinking of your safety, don't you know.)

    Do you live in this house, or were you just visiting? You may not have any standing to object to the entry and search.

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