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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Default Open Container and Underage Drinking Charge

    My question involves criminal law for the state of: New Jersey

    On the beach, my friend and i had a water bottle of alcohol and were drinking (underage). We were approached by a cop. he asked what was in the container and we were honest and told him what it was. He checked my friends id and later got mine from my car under my permission. He than told us to get on our knees and hands on our head. i asked if we were under arrest and he never told either of us we were under arrest or under what charges (although it was apparent). we were brought to the hq and they asked us personal info and wrote the incident report. he read us the maranda rights towards the end. we were never finger printed and or mug shots.
    does this follow proper procedure for an arrest?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Open Container and Underage Drinking Charge

    Yep.

    You needn't be Mirandized until you're being held for questioning.

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