Minor In Possesion
Police arived at a party as I was leaving and saw me throw a cup into the bushes. I cooperated completely with them and they didn't breathalize me and have no proof that I was drinking or in possesion. Can I fight the charge in court? If not, what is defined as possesion. If there is no proof that I consumed alcolhol what can I do?
Asked on 4/25/04, 2:08 am
1 Answer from Attorneys
Robert Luedeman
solo practitioner
Re: Minor In Possesion
The police can have probable cause to arrest you for the offense based on your appearance, smell, and other factors, coupled with seeing you throw away what might have been evidence. You can fight it in court but what you say goes to the weight of the evidence and not to the probable cause requirement.
Answered on 4/26/04, 12:50 pm
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