Legal Question in Criminal Law in Iowa
Possession of alcohol underage
18 yr old charged with possession of alcohol underage, (2nd charge & finding of guilty will result in loss of driver's license for 6 months) at a residence where no one was over 21. Police came because of noise complaint, but eldest resident in house would not allow police admittance, nor would she allow anyone to leave premise. Police barricaded residence and sent back ups for search warrant. Came back approx. 3 hrs later and gained entrance with search warrant. Took those 18 and over to county jail. Did not ask for identification until got to jail. Did not attempt to determine who had or hadn't been drinking. Beer was on premise. Can state prove possession?
2 Answers from Attorneys
Proof of possession is dependent on facts and law
Whether state can prove possession is wide open. What is Iowa law? NH could not prove possession where MJ was in ashtray equidistant between driver and passenger, but I had other facts which were in defendant's favor, so judge found in client's favor. Have you seen search warrant? Does Iowa consider noise complaint sufficient to assume liquor involved and grant warrant?Your lawyer should be able to yell about thatif Iowa case law is supportive.
What are the other facts? Where was the beer? How many people were arrested? I'm assuming no one was holding a beer can in his/her hand? Were alcohol tests performed?
Have you seen police reports? In them, did you allhave smell of beer, bloodshot eyes, and unsteady gait? Who gave you Miranda rights?Where were they given? Were there any "admissions"?You must get separate lawyers! So many different interests and levels of risk. So many reports to be read. So many Qs to be answered.
Am particularly concerned about police barricade. Cannot see exigency. I should think police would want to partiers to disperse to end noise. Were you resident (tenant) or visitorto apartment/house?Consult atty about a civil rights case. . . . and consider stopping your drinking habit. Drinking a boring man makes! Good luck!
Underage alcohol possession
I can't add to what Barbara said.
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