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  1. #1
    Join Date
    Jun 2014
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    1

    Thumbs down Ticketed on a New Jersey Beach for Open Container

    My question involves criminal law for the state of: NJ

    About a week ago my friends and I went to Long Branch in NJ and were stopped by a cop on the beach because we had a cooler and solo cups. There was no alcohol in sight. We were on the beach approximately 10 minutes when the cop approached us which I think he only approached us because we are young girls. I am 19 almost 20 and my friends are all 20 almost 21. The cop made us open our cooler which he saw a beer sticking out. We spilled all the alcohol out in front of him and he gave us a ticket for open containers. I was driving so I was not drinking however I received a ticket as well. The cop filed our tickets incorrectly and gave us all parking tickets which he said would cost about 50 dollars and that we could pay the fine online. When we went online to pay it was discovered the ticket was not registered so we called the court and they said the cop has messed up multiple tickets in the last week and that we are not the only ones. The cop also explained that he catches lots of people drinking on the beach and that we will just have to pay the fine, no big deal. Now that we have to go to court we are nervous. How much will the fine for an open container be? Will we be charged with underage drinking even though we were not given tickets for that? How much will that fine be or what other punishments will come along with that if it is possible to be charged with. Will the cop screwing up be to our advantage? Does it matter that no one was intoxicated or even drank any alcohol at all? Will I be punished for driving even though I was not drinking and there was no alcohol in the car nor was anyone driving under the influence? Will the judge believe that I was not drinking and driving? One of my friends is thinking about pleading innocent and getting a lawyer. Should we all lead innocent or guilty? Is a lawyer necessary? Please help, court date is july 11th. This is also my first offense. I'm not sure about everyone else but I have no criminal past.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Ticketed on New Jersey Beach for Open Container Gone Wrong

    You all got parking tickets and you're complaining.

    Keep your mouths shut and see how the tickets get entered into the court system.

    If they get entered into the system as parking tickets then keep your mouths shut and pay the fines.

    Meantime, there's no way to predict anything with regard to the questions you've asked. You'll just have to wait.

    Did it ever occur to you that the cop routinely scares the crap out of kids with alcohol on the beach, makes them spill it all out as punishment, then purposely just gives parking tickets instead of booze tickets?

  3. #3
    Join Date
    Sep 2011
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    OH10
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    Default Re: Ticketed on New Jersey Beach for Open Container Gone Wrong

    Where is that darn LIKE button?

  4. #4
    Join Date
    Oct 2013
    Location
    WV
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    230

    Default Re: Ticketed on New Jersey Beach for Open Container Gone Wrong

    ^^ I second.

  5. #5
    Join Date
    Sep 2011
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    OH10
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    Default Re: Ticketed on New Jersey Beach for Open Container Gone Wrong

    ROFLMAO In a lot of pain today. "Supervising" installation of French Drain from my scooter, needed before I bought the house. Trying to get them to finish before son goes to college next year in 11th hour. Mr K, you made my entire day. All the pain meds in the world could not have made me feel better than that today. I will hold it with me as I suffer until bed time.

    You're imagining that the officer pulled out his gun and said, "Open it or I'll blow your head off?"

  6. #6
    Join Date
    Jun 2014
    Posts
    185

    Default Re: Ticketed on New Jersey Beach for Open Container Gone Wrong

    Quote Quoting nicolex
    View Post

    The cop made us open our cooler which he saw a beer sticking out. We spilled all the alcohol out in front of him and he gave us a ticket for open containers.
    First of all, the cop violated your constitutional rights when he forced you to open your cooler without a search warrant.

    As for open containers, did the cop force you to spill your alcohol out of the containers? If yes, then the cop forced you to open the containers.

    So, the cop discovers alcohol via an illegal search. And he cites you for having open containers when the cop himself forced you to open the containers.

    This cop's actions are corrupt, and yes, you and your friends should all get attorneys. And if this cop goes around doing this to others, then you can have a class-action lawsuit here.

    You say it's only $50, but if the authorities do this to a lot of people, that money can quickly add up.

    Please get an attorney and fight this.

  7. #7
    Join Date
    Sep 2011
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    OH10
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    Default Re: Ticketed on New Jersey Beach for Open Container Gone Wrong

    You mean the officer smelled alcohol and investigated? You mean the officer said Open your cooler and they complied without disagreement? Nothing illegal about either.

  8. #8
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Ticketed on New Jersey Beach for Open Container Gone Wrong

    First of all, the cop violated your constitutional rights when he forced you to open your cooler without a search warrant.
    You're not really clear on the notion of "probable cause", are you?

    And if this cop goes around doing this to others, then you can have a class-action lawsuit
    No. Where did you get this ridiculous idea?

  9. #9
    Join Date
    Jun 2014
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    185

    Default Re: Ticketed on New Jersey Beach for Open Container Gone Wrong

    Quote Quoting Disagreeable
    View Post
    You mean the officer smelled alcohol and investigated? You mean the officer said Open your cooler and they complied without disagreement? Nothing illegal about either.
    Where does it say that the officer claimed to smell alcohol?

    If the officer ordered them to open the cooler, as opposed to requesting that they open the cooler, yeah, that's illegal.

    - - - Updated - - -

    Quote Quoting LawResearcherMissy
    View Post
    You're not really clear on the notion of "probable cause", are you?
    If the officer had probable cause, then he should have gotten a search warrant.



    No. Where did you get this ridiculous idea?

    If there are many plaintiffs that are similarly situated, then there can be a class-action lawsuit. I know the definition of class action.

  10. #10
    Join Date
    Jun 2013
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    551

    Default Re: Ticketed on New Jersey Beach for Open Container Gone Wrong

    Quote Quoting John_28
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    Where does it say that the officer claimed to smell alcohol?

    If the officer ordered them to open the cooler, as opposed to requesting that they open the cooler, yeah, that's illegal.
    Where does it say that the officer ordered them to open the cooler? I can guarantee if the OP takes this to court he will be happy to testify that he requested they open the cooler, and the girls willingly obliged and consented to the search.

    Quote Quoting John_28
    View Post
    If the officer had probable cause, then he should have gotten a search warrant.
    Clearly he didn't need a search warrant. Having spent a lot of time drinking on beaches I 'd be willing to bet that if they refused the search he would just come back by later when the beer was no longer just sitting in the cooler, and instead was being consumed. Also a safe bet that there would be more than a small fine here.




    Quote Quoting John_28
    View Post
    If there are many plaintiffs that are similarly situated, then there can be a class-action lawsuit. I know the definition of class action.
    OK, so what about the lawsuit part, what exactly are the going to file the lawsuit over?

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