QUESTION
Can the MIC be dropped if I never admitted to drinking, no alcohol found on the property, no proof that I had been drinking and no warrant to enter?
Asked on Mar 05th, 2014 on Criminal Law - Missouri
More details to this question:
I recently received an MIC at a party. We knew the cops were coming and so another person and I started to clean the courtyard of our apartment complex along with a few people who were 21 that lived there. The court yard is blocked by a gate but there is a side drive way that will lead to the back of the court yard but you must go all the way to the back of the property and then turn around the corner of the apartments to get there. All the alcohol including red solo cups, can, etc. was cleaned up before the cops got there. The officer soon entered the courtyard. We told him that he needed a warrant to enter the property and he said he had the right to because the drive way was open. The landlord has specifically told the police that they are not allowed to come on the property without permission, as well. The officer asked if we were 21 and we both said no. With that answer he immediately took out a PBT and asked both of us to blow. I refused knowing my rights, but my friend did blow and blew a .051. He then issued both of us MICs.
3 ANSWERS
Michael J. Breczinski
It sounds like you should take this to trial because they have no proof.
Answered on Mar 07th, 2014 at 9:59 PM
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record and lose your license for a year, and it isn't worth it.
Answered on Mar 07th, 2014 at 2:31 AM
In Missouri, you can receive a ticket for Minor in Possession or Minor in Possession by Consumption even without a breathalyzer test. All that is required is that you are under 21 and the police officer thinks you have consumed alcohol. When a police officer thinks a crime has occurred or is in the process of occurring, or if a neighbor called and complained about the noise, that gives the police the power to come into the courtyard of a private dwelling without a warrant. It doesn't matter that the landlord has told the police they are not allowed to come on his property without his permission. If people could do that, they would be able to do all kinds of illegal things (grow marijuana in their back yard, for example) and the police wouldn't be able to do anything about it.
Answered on Mar 07th, 2014 at 2:14 AM