Minor over 18 but under 21 possession of alcohol found in card unopened.

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Minor over 18 but under 21 possession of alcohol found in card unopened.

My daughter was stopped for having high beams on and the cop searched the car and found an overnight bag with 2 unopened beers in it. He did not cite her, but told here she would get something in the mail telling her when to apprear before a magistrate. Is this considered being charged? Is it a criminal offense and would it show up on a CORI check if they continue it without a finding?

Asked on April 24, 2009 under Criminal Law, Massachusetts

Answers:

Robert Pellinen / Law Offices of Robert Pellinen

Answered 12 years ago | Contributor

Having high beams on is not a valid reason to search your daughter's overnight bag. Therefore, if the search was illegal or without probable cause, the evidence seized, i.e., the beer should be inadmissible.  Looking to the brighter side, If he didn't cite her at that time probably nothing will happen. It's the prosecutor who decides whether to charge her with a criminal offense. At this point in time; I wouldn't do anything to arose the government's interest.  At this stage of the proceedings, it should not appear as a criminal or Department of Motor Vehcicle offense since she hasn't be accused of any violation of the law.

I hope this information is helpful to you. I don't believe you have anything to be concerned about.

 


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