Legal Question in Criminal Law in Pennsylvania

Underage Drinking-Probable Cause

I was cited for underage at a football tailgate, by undercover police. The tailgate consisted of about 100 people all between 18-24. I had a can of beer in a beer ''Cozie'' (a foam sleeve designed to keep it cold) the cozie effectively hid the entire can so that it could not be identified as beer unless it was removed from it. My question is whether the police had the legal ability to come and take me away.


Asked on 11/28/00, 12:41 pm

1 Answer from Attorneys
Patrick Carothers Sherrard, German & Kelly

Re: Underage Drinking-Probable Cause

Dear Sir or Madam:

The police may be able to say that you were in an area where underage drinking was occuring and charge you with a crime that way. Even if your not drinking you be considered to be in "constructive" possession of the rest of the beer at the tailgate. However, I would need to know additional facts before I could make a solid determination. You probably should pursue the case since underage drinking offenses carry with it a one year driving license suspension. If the facts are questionable we may be able to work out some sort of a deal.

Let me know if I can be of further assistance.

I practice in the Greater Pittsburgh area.

Patrick W. Carothers

Sherrard, German & Kelly

(412) 355-0200x6744

[email protected]

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Answered on 11/30/00, 8:33 am


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