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  1. #1
    Join Date
    Feb 2013
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    3

    Default Caught Carrying Beer, Charged With MIP

    My question involves criminal law for the state of: Michigan

    I was at a party a few days ago in Houghton, Michigan for winter carnival. My friend and I decided to walk there along the snowmobile trails since we don't drink and drive. Upon leaving the party at 1:30 am, we proceeded to walk back home. As we we're walking a long the trail, a state patrol pulled up and stopped us and started questioning us, and we were given MIP's because we had been at a party and had backpacks full of some left over beers, and we are both 20 years old.

    My question is, how can they stop us while walking without probable cause and then get MIP's for it? No breathalyzer was given. Also, many people walk the same trail to get home from the bars, while waiting for the cops to write up the paperwork, at least 10 different people passed by on the same trail. Is there anyway I can get out of this, or what should I do?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: MIP Michigan

    You had beer in your backpack..don't need to breathalyze you for that. What did they say was their reason for making contact with you? How did they find out about the beer in your backpack?

  3. #3
    Join Date
    Feb 2013
    Posts
    3

    Default Re: MIP Michigan

    They never listed a reason for making contact with me. They asked me if I had beer on me, to which for some reason I replied yes. Then they had me take my backpack off and searched it to confirm.

  4. #4
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: MIP Michigan

    If the police come up to you and say, "Do you have beer," that's permissible.

    If you admit that you are carrying beer, it's reasonable for them to take you at your word.

    Which leaves is wondering, how old do you look and did you also state your age?

  5. #5
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: MIP Michigan

    There is no law against the police making contact with a citizen, regardless of whether they have a reason. They asked, you admitted. End of story. It's possible you can get diversion if this is your first offense. Some combination of fines, community service, probation and alcohol/drug awareness classes or counseling and you'll be good to go. I can't comment on the odds of getting it with or without an attorney.

  6. #6
    Join Date
    Feb 2013
    Posts
    3

    Default Re: MIP Michigan

    This is my first offense, never had any previous run ins. There is probably another important detail I should add. The cop car pulled up by the trail, waiting for us as we were walking, another random person was walking on the trail and we stopped and talked to them. The cop car then pulled out, and as we finished talking and walking again the car pulled back in and that is when they got out. Isn't that more of targeting than just a random approach? So I admitted to having beer, but does that also give them the right to then search my backpack without my permission? Me just saying I have it is enough? After they searched, they made me dump out the remaining few that were left.

    Just my opinion also, seems it's pretty ridiculous being punished for being responsible and not driving.

  7. #7
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: MIP Michigan

    You were breaking the law, just like you would if you were to drink and drive. Responsible would be waiting until you are 21 to consume alcohol.

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