Can a security guard pick and choose who to ticket in case of MIP?

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Can a security guard pick and choose who to ticket in case of MIP?

While driving home, less than a mile away, we were pulled over, the security guard said it was swerving but never even tried to accuse the driver of DUI, well he started to until he realized he recognized me. He then continued to grill me until I admitted that an beer can was mine and made us all get out of the car. He asked the driver if he had a license which he admitted to not having but then moved on, he asked everyone in the car if we had been drinking when 2 of my friends admitted to being 20 and drunk and 1 had a vodka bottle. He let them go and just gave me a MIP and open container.

Asked on May 4, 2012 under Criminal Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, a private security guard cannot give a ticket per se in a case of a minor in possession of alcohol. Only a police officer can. The private security guard can detain a person until law enforcement shows up.

From what you have written, the circumstances that you have written about seem suspect to me about the ticket you received from the private security guard and if he or she could lawfully give you one. I suggest that you consult with a criminal defense attorney about the circumstances for the MIP ticket that you received and the best way to defend the charge against you.

The manner how you were the only one ticket seems suspect. Either no one should have been ticket or all should have under the facts of your question.


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