Arrested falsely for minor in possession (it was actually a fever)?

Question

My brother was riding in a car with two friends when the guy driving the car got pulled over by the police. My brother was recently diagnosed with mononucleosis (there is a blood test to prove this) and at the time he was slightly out of his head due to a fever. The police officer interpreted this as being on alcohol and arrested my brother for minor in possession (although he had no alcohol with him at the time and hadn't been drinking). My brother requested a breath sobriety test (because he had not been drinking and knew he would pass) but the officer refused. The other guys driving and riding in the car were not arrested for anything.

So my questions are:

1. How can he be arrested for minor in possession if he did not actually possess alcohol on him at the time?

2. How is the best way to file a complaint with the police?

3. Is it possible to remove this false arrest because he was sick with a fever and there is blood work confirming this from his doctor?

please help

Answer 1

One, your brother would not be charged with POSSESION, enless he was actually caught WITH ALCH. What your talking about may be "Underage consumption".

This most likely will go to court.

IF IT DOES, (find a lawyer regarless of whether this actually goes into court) You should obtain the medical records stating he he had "mono" very important. You should also bring up the point that the arresting officer would not administer a sobriety test.

If your brother is honesty innocent like you say he is, then this case may not be hard to prove at all.

Answer 2

1.  Your state may allow the crime of "possession by consumption."  That means in order for a minor to be intoxicated, they had to be in possession of alcohol at some point in time - there's really no other way for it to happen.  The previous poster may also be correct - the charge may be underage consumption.

2.  Contact the police.  How would you file a complaint against a store employee?  You'd contact the store.

3.  Whoa, cowboy.  Nobody has yet proven this was a false arrest.  First thing we can hopefully agree on is that even people with mono can be intoxicated.  There's nothing about having mono that prohibts a person from drinking alcohol.  

Evidently you weren't in the car so I'm not sure how you know all this - I trust your source is unbiased.  I have a hard time believing an officer would arrest someone for possessing alcohol if he did not see or smell alcohol...not saying it didn't happen, just saying it wouldn't make much sense to me.

Your brother was so feverish that he was "slightly out of his head" but he was out running around with his friends?  That doesn't make a lot of sense, either.