Legal question, minor in possession

[pharmseller]

My 19 year old son was in the back seat of a car that was pulled over because the driver was speeding. My son had consumed alcohol, which is illegal in Oregon. The police officer asked the occupants of the car if they had been drinking and my son told the truth, yes he had. I know, mistake. The driver was sober. The officer cited my son for minor in possession and the driver for speeding. Since the driver was not free to leave, having been stopped, and the occupants share the driver's legal status, should my son have been given his Miranda warning prior to the interrogation? Since my son was not free to leave does the interrogation fall under custodial interrogation, which requires a Miranda warning?




P

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[gunnails]

No.
When I was 18 and got mine it was a $100 fine, I think the max fine was $1000. I believe it's a misdemeanor.
He did not need his rights read to him because he was never under arrest, simply detained.

If it happens again your son could play it different and maybe avoid the ticket, but at the end of the day I think it could be argued he did the right thing.

Then again it's usually my policy to be quiet and refuse to talk.

 

[Certaindeaf]

I think it was an infraction, not criminal.

 

[Hawaiian]

I know a 19 yr old who got a DUI after blowing a .01. ANY amount of alcohol is a DUI for a minor. He had drank a beer a few hours earlier. When asked by the LEO, he was truthful and said he had a one beer hours earlier. That was enough for the LEO to test him. He was not intoxicated, did not smell of alcohol and should have said NO when asked if he had anything to drink. Another one of life's lessons learned.

 

[BDA.45]

Your son should NOT have answered ANY questions. He incriminated himself. I know it's hard to say and accept, but coming from someone who's fu$&ed with the border patrol on I 15 and 5 for a number of years, I know my rights. May sit there for a bit, (a few hours), but get let go

 

[BDA.45]

That's a grey area. HE wasn't stopped. HE shoulda never been "technically investigated". He was a passenger in a vehicle. Passengers are not required to show ID. The only time a passenger would be required to show ID is when they are committing or suspected of committing a crime....I'm NOT an attorney but I've bubblegumed with the cops over rights in my past. I "know" a bit, enough NOT to get arrested.....yet.....

 

[BDA.45]

NO. Your son was NOT being arrested at said time. Had the officer said he (they) were being arrested, then yes, a miranda warning would be in place....... I thought I read something a few years ago where the cops dont have to give a miranda warning........I'm gonna do some digging....

 

[Heyjoe]

Your son was honest, good for him.

IMO you should not shelter him from the consequences of his actions.

I could be wrong but miranda rights and an officers duty to inform of said, is no longer required.

Based on the fact that he'd consumed alcohol and was not in fact in possession, I'd say the charge could be easily fought.

 

[Stomper]

Your son was honest, good for him.

IMO you should not shelter him from the consequences of his actions.

I could be wrong but miranda rights and an officers duty to inform of said, is no longer required.

Based on the fact that he'd consumed alcohol and was not in fact in possession, I'd say the charge could be easily fought.

It could be argued that he was indeed in possession of alcohol, using a sharp knife could prove it.

 

[thereddog]

He would be Minor in possession by consumption. I know a guy that had the same thing happen to him.

 

[pharmseller]

I printed this out for him:

If a police officer approaches you on the street or as you are entering your car, you can ask the officer, "Am I free to go?" If the officer says "yes," then you should leave. However, if he says "no," then consider yourself a suspect and it is at this point that you should exercise your Fifth Amendment right to remain silent. The officer cannot and will not arrest you for not answering their questions. Do not try to talk the police officer into not arresting you. He will arrest you if he has probable cause to do so.

If the officer wants to search you it is important that you tell the officer that you do not consent to the search. The officer may decide to search you anyway, but it is important that you make it clear to the officer that you are not agreeing to the search by saying "I do not consent to the search."

Being aware of your rights and not speaking to law enforcement can protect you and the strength of your defense, should charges be filed against you. By not talking to police, you give your criminal defense attorney a better opportunity to prepare an effective defense on your behalf.

Reasons Why You Should Not Talk To The Police
You've likely seen cases on the news where suspects make the prosecutor's case themselves by saying too much. When you speak to police, you risk confessing or just providing them with information they can use to charge you with a crime. Even if you don't think what you're saying is important, the best thing to do is remain silent. To put things simply, talking to the police cannot help you.

You are at a disadvantage when talking to the police. They are trained in getting admissions and confessions from people. You should know that:

What you say to the police during a police stop CAN be used against you.
Police officers may attempt to mislead you into incriminating yourself.
Officers may misunderstand what you say, intentionally or accidentally.
You may admit to knowing some facts which can be used to prove your involvement or knowledge of a crime.
Some people feel the need to lie to the police during the interview, which may put you under suspicion, and later affect your credibility (whether a judge or jury believes you).
The police officer may put words into your mouth and claim that you made incriminating statements, when in reality, you did not.
Police do not have the authority to make deals with you or give you leniency. That is up to the prosecutor.
Even if you believe you are guilty, there is no need to rush into a confession. Circumstances may change and a criminal defense attorney may be able to spot flaws or errors in your case that can be used at a later time to have your charges reduced or dismissed.
Even if you believe you are innocent, facts can be misconstrued; you may tell a white lie, and you may say something that may be used against you if you decide to talk.

Provide Identifying Information ONLY
While anyone being questioned should remain silent, there are some things they should do when asked by police. When stopped, for example, you should provide law enforcement with personal identifying information such as your name, date of birth and your address. You do not have to speak further than that, however. Exercise your rights and simply state you no longer wish to talk, without an attorney there with you.

How to Exercise Your Rights
The Fifth Amendment of the United States Constitution gives you the right to remain silent and not incriminate yourself. You should exercise this right and never, under any circumstances, speak to a police officer.

Invoke your 5th Amendment right by stating you do not wish to talk without first consulting a lawyer.
DO NOT agree to an interview.
DO NOT attempt to make a deal with an officer.
DO NOT make any comment or statement.




P

 

[2A2Dend]

Yeah, and don't think twice about passing gas while they're near.
Cut loose for all you got.
Smile

 

[Heyjoe]

Yeah, and don't think twice about passing gas while they're near.
Cut loose for all you got.
Smile

Any marijuana in the car son?

No sir I just passed wind.

 

[Heyjoe]

I printed this out for him:

If a police officer approaches you on the street or as you are entering your car, you can ask the officer, "Am I free to go?" If the officer says "yes," then you should leave. However, if he says "no," then consider yourself a suspect and it is at this point that you should exercise your Fifth Amendment right to remain silent. The officer cannot and will not arrest you for not answering their questions. Do not try to talk the police officer into not arresting you. He will arrest you if he has probable cause to do so.

If the officer wants to search you it is important that you tell the officer that you do not consent to the search. The officer may decide to search you anyway, but it is important that you make it clear to the officer that you are not agreeing to the search by saying "I do not consent to the search."

Being aware of your rights and not speaking to law enforcement can protect you and the strength of your defense, should charges be filed against you. By not talking to police, you give your criminal defense attorney a better opportunity to prepare an effective defense on your behalf.

Reasons Why You Should Not Talk To The Police
You've likely seen cases on the news where suspects make the prosecutor's case themselves by saying too much. When you speak to police, you risk confessing or just providing them with information they can use to charge you with a crime. Even if you don't think what you're saying is important, the best thing to do is remain silent. To put things simply, talking to the police cannot help you.

You are at a disadvantage when talking to the police. They are trained in getting admissions and confessions from people. You should know that:

What you say to the police during a police stop CAN be used against you.
Police officers may attempt to mislead you into incriminating yourself.
Officers may misunderstand what you say, intentionally or accidentally.
You may admit to knowing some facts which can be used to prove your involvement or knowledge of a crime.
Some people feel the need to lie to the police during the interview, which may put you under suspicion, and later affect your credibility (whether a judge or jury believes you).
The police officer may put words into your mouth and claim that you made incriminating statements, when in reality, you did not.
Police do not have the authority to make deals with you or give you leniency. That is up to the prosecutor.
Even if you believe you are guilty, there is no need to rush into a confession. Circumstances may change and a criminal defense attorney may be able to spot flaws or errors in your case that can be used at a later time to have your charges reduced or dismissed.
Even if you believe you are innocent, facts can be misconstrued; you may tell a white lie, and you may say something that may be used against you if you decide to talk.

Provide Identifying Information ONLY
While anyone being questioned should remain silent, there are some things they should do when asked by police. When stopped, for example, you should provide law enforcement with personal identifying information such as your name, date of birth and your address. You do not have to speak further than that, however. Exercise your rights and simply state you no longer wish to talk, without an attorney there with you.

How to Exercise Your Rights
The Fifth Amendment of the United States Constitution gives you the right to remain silent and not incriminate yourself. You should exercise this right and never, under any circumstances, speak to a police officer.

Invoke your 5th Amendment right by stating you do not wish to talk without first consulting a lawyer.
DO NOT agree to an interview.
DO NOT attempt to make a deal with an officer.
DO NOT make any comment or statement.




P

I'd cut that whole thing down to about ten bullet points and print it on cardstock that would fit in his wallet.

 

[SHPD_Retired]

Why was your son not free to leave. Did he try?

 

[Rickenbacher39]

I am sorry but my first reaction was; telling the truth was a mistake?

 

[Ratfink]

My 19 year old son was in the back seat of a car that was pulled over because the driver was speeding. My son had consumed alcohol, which is illegal in Oregon. The police officer asked the occupants of the car if they had been drinking and my son told the truth, yes he had. I know, mistake. The driver was sober. The officer cited my son for minor in possession and the driver for speeding. Since the driver was not free to leave, having been stopped, and the occupants share the driver's legal status, should my son have been given his Miranda warning prior to the interrogation? Since my son was not free to leave does the interrogation fall under custodial interrogation, which requires a Miranda warning?




P

Nope, he doesn't have Miranda rights unless interrogated for a crime. General questions are not under Miranda scope. I'm certain it will get dismissed by a judge if his record is clean. At most, probation and fine but that's at the very most. Plead guilty and ask for leniency. If it ever reaches a court, which I highly doubt. Courts are generally too bust for such non-sense. IMVHO No charge..

 

[Certaindeaf]

I'd cut that whole thing down to about ten bullet points and print it on cardstock that would fit in his wallet.

I knew a guy by the name of Silent Bob that carried around a little flow chart that was really kinda like a circle.



nr

 

[Ratfink]

Why was your son not free to leave. Did he try?

Your not free to leave during a traffic stop. People could walk off with guns & dope if that were allowed. It's a detention, not a custody.

 

[L84Cabo]

My first piece of advice is never solicit legal advice from the interwebz.

Secondly, it doesn't sound like your son was "interrogated." He was asked a simple question by the officer and he chose to answer it. There is nothing that prevents an officer from asking simple questions...or that requires an officer to mirandize you before he asks you questions.

The officer was fishing. Your son took the bait and got hooked. Your son could have remained silent as that is his right. Or he could have said something like, "Hey officer, I know you're just doing your job but can we please stick to the reason that you pulled us over, or are we free to go?"

If your son was actually cited for possession...but wasn't actually in possession of any alcohol...because he already drank it...that could be an issue. Seems like there should be another statute covering intoxicated minors that would be relevant here. But again, you really need a lawyer to answer those types of questions.

If this is just a misdemeanor infraction, it may just be best to pay the fine and move on. But if it is going to impact his insurance or anything else, you may, again, what to contact a real attorney and see what your options are.

We as parents often teach our children how to drive and such but we forget to have the very important conversation of how to deal with law enforcement should you ever be stopped. Many parents don't know any better either or simply suggest cooperating because, "we have nothing to hide." Personally I think you're nuts to cooperate with anyone who is specifically looking for stuff to cite you or arrest you for. And if you've ever had a kid in your car or a friend of your kids, you have to be straight nuts to allow a cop to search your vehicle. Who knows what might have fallen out of a backpack or purse last week when you were giving your kid's friend a ride home from practice.

This also goes for dealing with the police after you've had to shoot somebody. If you have guns at home for personal defense and/or if you carry, you better have a very detailed conversation with your family about how to handle the police when they show up. Because what they say can mean the difference between you going home or going to jail.

My personal advice here is that as witnesses, they are under no obligation to give any statements to the police...not that the police won't ask and press them. I would encourage them to say as little as possible, initially, and only what is truly necessary. Something like, "that man tried to kill us and my father defended us. His knife fell under that car there. Those two people over there are witnesses. I want to cooperate fully but I'm too shaken up right now to give any statements." And then shut up.