MIP, Oregon
Posted on : 10-26-2009 | By : Legal Information | In : Alcohol Violations, Criminal Law
Tags: minor drinking laws, Oregon Attorney, Oregon Underage Drinking
3
My Question Involves State Law In: Oregon
I was at a party with a few friends (under 10) and we were all hanging out watching tv and drinking a few beers. One of our friends left without us knowing and went to a high school football game where cops stopped him and charged him with an MIP. They then asked where he had been drinking. He told the officers where he had been drinking and also gave names for the other 8 people who were there. We heard rumors the cops were coming so we cleaned up every evidence of alcohol and all sat down and continued watching our movie. Twenty minutes or so later there was a knock on the door and it was the police. I went downstairs and hid in a closet that was closed and put many things over my body so no one could find me. The one person over 21 who’s house it was opened the door and talked to the police and told them he had no idea what they were talking about and to please leave the premises. He then closed the door and the police continued knocking and banging on the door and told him if he did not open up he would be arrested and convicted of some crime. He then opened the door again and the police officer barged his way in. There was no evidence of alcohol that he could see. He then said he knew more people were here and told the 21 year old to go get them. He then came up with his brother and 2 other kids. I remained hidden in the closet. The cops the continued to say he knew there was more people here so he went downstairs to search the house. He opened up the closet and started throwing things around in there and he finally noticed me. I then went upstairs with everyone else and was told to blow into a breathalyzer. I was not given the option to refuse he told me I had to blow even though I did not want to. I blew a .05 and sat down. I was then ctied for an MIP. Is there any way i can get out of this. Oh and I forgot to mention before they even knocked on the door they had the house surrounded by 6 cops. The house is also completely fenced. Any help would be greatly appreciated
Short answer: You’re screwed.
The 4th Amendment to the US Constitution protects individuals from unreasonable searches and seizures. Any police entry of an individual’s home requires a warrant, unless the police obtained the free and voluntary consent of a person with reasonably apparent use of or control over the property. Another exception to the warrant requirement is exigent circumstances, including hot pursuit of a felon, imminent destruction of evidence before a warrant can properly be obtained, or a search incident to arrest.
If police entered the premises illegally, any evidence obtained in that search are excluded from evidence at trial. In your case, there is a strong factual issue regarding whether the 21 year old individual letting the police in constituted consent. Considering the police threatened him with arrest, it could be found that your friend was coerced into letting them in and thus did not consent to the search.
Getting evidence excluded is in the expertise of a defense attorney. It would be best to hire a lawyer to argue in your defense.
Source:
http://www.legalmatch.com/law-library/article/illegal-searches.html
Next time, dont open the door no matter what the cops say. Tell them you dont want anyone in the house and if they want to come in to get a warrant. They would have left.