Constructive Possession of Alcohol by a Minor

[Jerseymom146]

My question involves criminal law for the state of: Pennsylvania
My daughter attends college in Pennsylvania. She is 18. She was in the shower one afternoon and normally does not lock her door because it self-locking. I know this is not the wisest choice and I think after the following incident, she will just remember to take her key in her shower basket. After getting dressed in the bathroom she came back into her room and sat down at her desk to do her hair and makeup. Her door was cracked because she expected visitors. Her RA walked by, peeked in through the cracked door, and saw an opened can of beer on her dresser. That beer was not there when she went into the shower nor did it belong to her. Apparently, some students were in the room while she was in the shower and one of them left the beer can behind. She asked for and was given a breathalyzer test and she "blew" a 0.0. However, the RA reported the incident and now there is a possibility of her receiving points (in a cumulative demerit system) and a fine of $50. She does not know who left the beer can and said just as much. I believe her roomate is being questioned too. Should she just suck it up, lock her door, close it when she is in the room and pay the fine? She did not realize the beer was there until after the RA had asked her about it.

[free9man]

So your daughter is telling you that some random stranger entered her unsecured dorm room while she was in shower, popped open a cold one but left the unfinished beer in the room, then left now she is being blamed? She did not notice the beer when returning from her shower?

Wow. That is one big fish story. If she is an otherwise good student and keeps her nose clean, it may be easier to accept the punishment and be more careful later on. If she is telling the truth, which I'm skeptical of, she should fight it but will likely lose in the end if that's the best story she has.

[Jerseymom146]

Unfortunately, if you knew my daughter, you would know that this story is entirely plausible. One of our most frequent reprimands to her is, "Be aware of your surroundings!" to the point where I am more than a little bit nervous of her being away at school. I have already told her that the lesson here to be learned is to lock your door and keep it closed at all times.

[llworking]

So your daughter is telling you that some random stranger entered her unsecured dorm room while she was in shower, popped open a cold one but left the unfinished beer in the room, then left now she is being blamed? She did not notice the beer when returning from her shower?

Wow. That is one big fish story. If she is an otherwise good student and keeps her nose clean, it may be easier to accept the punishment and be more careful later on. If she is telling the truth, which I'm skeptical of, she should fight it but will likely lose in the end if that's the best story she has.

Its entirely plausible to me...she blew a 0.0 and if its not plausible to you, then you have never lived in a college dorm.