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  1. #1
    Join Date
    Feb 2015
    Posts
    7

    Default Can an Officer Give You a Ticket After Releasing You

    My question involves criminal law for the state of: California

    Long story short, me and my friends were out drinking near one of our friend's house. We stepped out of the car and continued to drink outside. Within a few minutes of us stepping outside, a police officer is driving down the street and stops right next to our car. Instantly, one of my friends tosses the bottle of vodka down into this area where there are bushes. The officer asks what he threw and we said a bottle of Sprite, he calls bullshit to our story and proceeds to ask for our IDs. He then asks us one more time about what we threw, and we respond truthfully saying it was a finished bottle of vodka. The officer proceeds to take pictures of us, and our IDs. He then tells us to leave and get out of the area.

    My question is this, can this officer issue us a ticket or bring us to court and charge us with a misdemeanor? What can he legally do at this point? And why did he tke a picture of our faces and our IDs? Keep in mind that my buddies and I are all 19.

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

    Default Re: Can an Officer Give Us a Ticket After the Event

    At 19, you are still 2 years too young to be drinking. Yes, the officer can issue a citation after the fact.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can an Officer Give You a Ticket After Releasing You

    Quote Quoting futurel
    View Post
    My question is this, can this officer issue us a ticket or bring us to court and charge us with a misdemeanor?
    Yes.

    What can he legally do at this point?
    Write a report and request an arrest warrant, send you a citation in the mail or deliver it to you personally, even do nothing at all.

    And why did he tke a picture of our faces and our IDs? Keep in mind that my buddies and I are all 19.
    It's a great way of identifying all of you. At the very least you and your pals are probably entered into the local and possibly a county computer system as having been contacted for underage drinking and littering.

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