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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default MIP and Consumption

    My daughter was walking back to her dorm room and there was a but and legs sticking out of her doorway. When she got closer she saw a campus police with his upper body looking around her room. He saw her and asked if this was her room and she said yes. Then he asked if that was her bottle of wine on the desk and she said yes. He then gave her a ticket for MIP and consumption. He said the door was wide open, my daughter said that's not how she left it. My question is did he have a right to stick his head in the room, and then can he also charge her with consumption when she never touched it in his presence. Is this something we should fight or should we just cut our losses and run. My Daughter is a 19 year old student at Western Texas College in Snyder Texas. I live in Midlothian, Texas about four hours away.
    Thanks for your help.
    Pat Richard

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: MIP and Consumption

    If the door was open, he can look in.

    If she wants to argue that he somehow made unlawful entry, she is free to hire an attorney and seek a suppression hearing before trial. However, it is very likely that the cost of the attorney will be about 10x the cost of the fine.

    Perhaps she can agree to plead to the possession part. And, in the future, she really needs to keep her alcohol out of her dorm room. She COULD get kicked off of campus housing as a result of this, I imagine.

    I suspect you pay too much for her to go to school to want her spending it drinking and having too good a time when she should be studying. But, that's just my thought on the matter.

    - Carl

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