Can I Be Charged if No One Else Was Arrested, Cited, or Breathalyzed

[marxism]

My question involves criminal law for the state of: Oregon

Ok, first off let's start by saying I had a "get together" for my girlfriend who had turned 18. With no intention of drinking, just having friends over she hadn't seen for years. There was 8 unopened beers on the counter from my mother who had just left the day prior to Puerto Rico for spring break. My neighbor is a crazy loon, but that is besides the fact, she was just the one to call the cops saying we were having a raging party with drunk kids everywhere.

A cop showed up. I went outside upon which he questioned me. I told him that no one had been drinking and asked him what we were in violation of. He said what he recieved the call for and asked how many people were there. He told me to have everyone come outside. I refused that's when my girlfriend came outside. I'm pretty sure, but I don't know for a fact if he saw the unopened beer on the counter. At any rate, he forced my door open and made everyone come outside. He asked who had been drinking. Two of my friends admitted to drinking hours before. We asked him to perform breathalyzers and he refused. No one had drnk at my house and I had been unaware until that point that my two friends had drank a beer before they came to my house. He did not write them citations, infact he told them to drive home. He made my other friends leave without further questions and can't to me and my girl friend and wrote us both tickets for "allowing minors to drink"

My questions are. Did he break my 4th amendment because there was no opened container for him to claim PC? And will this hold up in court seeing as how he didn't cite anyone, or perform breathalyzers to prove my innocence.

[Disagreeable]

Seeing the beer was probable cause. Tell it to the judge.

[flyingron]

It was your house, you were the host of the party, it's entirely reasonable to hold you responsible for the alcohol present. The cops are not required to write up everybody in any situation. As long as they don't single out people based on race, etc... they're free to just ticket who they like or is convenient.

The fact that you had underage guests who were drunk and you were illegally in possession of alcohol (albeit unopened) is MORE THAN ENOUGH probable cause. Probable cause is not the "beyond a reasonable doubt" standard, it's not even a "preponderance of evidence," just a reasonable suspicion.

Further, having drunk minors in the house is likely justifiable for him to enter the premises.

You NEED a lawyer.

[cdwjava]

What specific code section did he cite you for?

If not for a state code section (from the ORS) what city did this occur in?

An open container is not necessary to establish probable cause. Depending on what the officer saw or believed, he may have had good cause to make entry. Without knowing why he made entry, it's difficult to say with certainty. Initially it would seem that pushing the door open might be a problem, but we do not know his justification for the act.

You are free to hire an attorney to try and make a case for suppression based upon an unlawful search. Whether that stands a chance of success or not will depend on all the facts.

Oh, and I don't think anyone is going to buy that the unopened beers on the counter happened to be left there by mom, and that these others just happened to have been drinking beforehand, and that there may have been an open beer when the officer looked in. It is no big surprise for a teen get together to have some alcohol. Either this was a horrendous string of coincidences, or you are being a tad disingenuous when you express surprise at the alcohol consumption.

[marxism]

4,110(3)

No one was drunk. They had a beer before hand and offered to take a breathalyzer. I understand the beer situation and what he would think. I didn't mean to imply someone was drunk. A beer hours before is hardly enough to cause someone to act under the influence. Which is why I didn't even know. I just find it weird he wouldn't cite them for mip and cite me for allowing them to drink when they said they drank before hand. It occurred in Eugene.

We weren't bring loud or disruptive by any means. He just went off of what my neighbor said. 8 beers amongst 15 people doesn't make much of a party.

I am getting a lawyer and fighting this. Was just wondering if it would be an easy case or not.

[flyingron]

You said you had minors that had been drinking.

[marxism]

You Obv can't read and have no reason to post on this thread, because your an idiot.

It was thrown out because the cop broke the fourth amendment. No crime was taking place and he entered the premises based on the fact he thought minors were drinking. No open containers, judge threw it out. GG noobs.