Legal Question in Criminal Law in Texas

Minor in Possesion

I was at a college party, in a residence, that was busted by the police. The police were called in on a noise violation. When I saw the police walk up, I turned and walked inside with the cup I was holding. A girl, who was not a resident of the apartment, was on the balcony and was threatened by the police. They told her that if she did not open the door she would receive a ticket. She went to the door and opened it, and the police did not ask her if it was her residence as they walked past her. They then began searching the apartment without a warrent. The police officer who had seen me with my cup, because the other officers said they had not, found me in the apartment and pulled me aside to give me a MIP. I was not near the cup and their was no proof that what was in my cup was indeed beer. He blocked me off in the kitchen and told me I could not move until he returned and then began asking me questions about where the beer came from, who owned the apartment, and where my cup was located.

My Question: Are the circumstances in which I received my MIP legal? And could my case be dismissed?

1 Answer from Attorneys

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