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  1. #11
    Join Date
    Oct 2013
    Location
    WV
    Posts
    230

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

    I am certain the OP would have much preferred for her and her friends to be detained for a few hours while a search warrant was obtained.
    Just to then open their cooler, and subsequently be charged with Underage consumption/possession of alcohol and face up to 6 months in jail and a minimum fine of $500 as opposed to an open container ticket.

  2. #12
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

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

    Quote Quoting nicolex
    View Post
    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.
    A group of underage kids with a cooler and Solo cups? Nothing suspicious there.
    Quote Quoting nicolex
    The cop made us open our cooler which he saw a beer sticking out.
    By "made", I expect that you mean he asked and you complied. Right?
    Quote Quoting nicolex
    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.
    One possibility is that the tickets will be reissued in proper form. Another possibility is that the tickets will be dismissed. You'll have to wait and see. Once you have the corrected ticket, should that be the outcome, you'll be able to determine the fine.
    Quote Quoting John_28
    View Post
    First of all, the cop violated your constitutional rights when he forced you to open your cooler without a search warrant.
    You're imagining that the officer pulled out his gun and said, "Open it or I'll blow your head off?" Odds are the officer asked firmly and they complied -- and the officer is allowed to do that.
    Quote Quoting John_28
    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.
    Noting here that if they had the Solo cups for mixed drinks, there's a good chance that they had bottles in the cooler with the seals already broken. But more than that, when the officer gives you a significantly lesser charge than he could have cited, discretion can be the greater part of valor. "You're right -- you should have been cited for a much more serious offense. We'll dismiss and refile."

    You can forget the nonsense about a class action lawsuit.

  3. #13
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    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?"

  4. #14
    Join Date
    Jun 2014
    Posts
    185

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

    Quote Quoting Mr. Knowitall
    View Post
    You're imagining that the officer pulled out his gun and said, "Open it or I'll blow your head off?" Odds are the officer asked firmly and they complied -- and the officer is allowed to do that.
    Really? You're saying that, unless the officer says that he'll blow someone's head off, he is *requesting* a search?

    Sure, he can ask firmly. He can say "Please" in a very loud voice. But is that what he did? Or did he yell "Open the cooler now!" That would be an order, not a request.

    You can forget the nonsense about a class action lawsuit.
    I would advise these people to see an attorney before forgetting about a class-action lawsuit. If these girls are named plaintiffs, they can recover THOUSANDS of dollars, in ADDITION to what the officer fined them.

    I recently was in contact with some attorneys about filing a class-action lawsuit against a certain business, and they told me that I could make between $5000 and $15000 on top of what the business owed me.

    Unfortunately, the business went ahead and paid me the few hundred dollars that I was owed, and so I could no longer be a named plaintiff.

    But if these girls have a class-action case, they could make a ton of money.

  5. #15
    Join Date
    Jun 2013
    Posts
    551

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

    Quote Quoting John_28
    View Post
    But if these girls have a class-action case, they could make a ton of money.
    But they don't have a case. And you probably didn't either.

  6. #16
    Join Date
    Jun 2014
    Posts
    185

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

    Quote Quoting brownj12
    View Post
    But they don't have a case. And you probably didn't either.
    I didn't have a case? Then why did the business pay me the money?

    And how could you know whether I had a case? You don't even know the nature of my complaint against the business.

  7. #17
    Join Date
    Jun 2013
    Posts
    551

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

    Quote Quoting John_28
    View Post
    I didn't have a case? Then why did the business pay me the money?

    And how could you know whether I had a case? You don't even know the nature of my complaint against the business.
    There is a huge difference between being owed money and having a case for a class action suit.

  8. #18
    Join Date
    Oct 2013
    Location
    WV
    Posts
    230

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

    Likely because some business legally owed you a couple hundred bucks.

    You need to review what class action means and how it is used.

    Even if the officer just walked up and started rummaging around in their belongings the only likely outcome would be some type of disciplinary action from his department and maybe a charge being dismissed as fruit from the poisonous tree, not some ridiculous windfall of money.

  9. #19
    Join Date
    Jun 2014
    Posts
    185

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

    Quote Quoting Mephis
    View Post
    Likely because some business legally owed you a couple hundred bucks.

    You need to review what class action means and how it is used.

    Even if the officer just walked up and started rummaging around in their belongings the only likely outcome would be some type of disciplinary action from his department and maybe a charge being dismissed as fruit from the poisonous tree, not some ridiculous windfall of money.
    If the officer rummaged through thousands of people's belongings, found illegal alcohol, and fined them all $50 each, then these people would be in a class, in a class-action suit.

  10. #20
    Join Date
    Oct 2013
    Location
    WV
    Posts
    230

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

    You don't have thousands of people. You have a handful of girls who got caught with alcohol they could not legally possess.

    They then got a ticket for a $50 fine as opposed to up to 6 months jail and a minimum $500 fine.

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