Legal Question in Administrative Law in Illinois
Illegal Consumption Ticket - witness and oral confession
I am 17 years of age. I was at a party and had a beer. I am a law enforcement explorer and I have the ability to ''ride around'' with a police officer that is on duty. I left the party and rode with the officer. The party I went to got busted. Another person told the officer that I had been drinking at the party. The next day, the officer brought me in to ask me if I had any thing to drink before I got in with him and I told him that I did. My question is, Does he have everything he needs to be able to give me a ticket for illegal consumption of alcohol?
1 Answer from Attorneys
Re: Illegal Consumption Ticket - witness and oral confession
Hello. In my opinion the officer has enough information to arrest you since your statement amounts to a voluntary confession. However, the issue of whether the officer should have advised you of your Miranda rights is pertinent and this may be a good defense to keeping the confession out. If this is successful, assuming you are charged, you have an "out". Of course, I am sure you are aware that the best defense is to obey the law and to be on the safe side it is best to have an attorney present, before you make statements to police officers under the circumstaces that you have described.