Question:

Minor In Possession of Alcohol?

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Ok so here's the deal.

Me and my friend were at a party and were sent to get beer. My friend was driving and I had to give him directions so I took him to a local place I had been to many times before. My friend had a fake ID so he went in and got the beer and everything went smoothly. On our way back to the party we got pulled over, for seemingly no reason. The cops told us they saw us coming out of the liquor store and said that my friend "looked young" and thus they followed us and pulled us over. They searched the car and found nothing other than the alcohol we had purchased. They took my friend's fake ID and then the brought us back to the station for processing.

So I have a couple of questions. First of all, did they have to read us our rights, because they didn't. Secondly, is it legal to pull us over simply because my friend looked young? I'm sure that has to be age discrimination or something of the sort. Finally, what kind of charges am I facing, as I was neither driving, nor had I purchased the alcohol.

Thanks for any help...

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  1. 1>  Yes, they can pull you over for perceived underage drinking or purchase of alcohol, that constitutes reasonable suspicion (its iffy but has generally been upheld).  

    2>  You didn't define what you mean by processing, but it does not sound if charges have been offered against you yet.   Until you are actually charged, Miranda warnings are not required, unless they are taking a statement.  I suspect their intent was more to scare you.  As to what specific charges, that would be up to local laws, but worse case you are probably looking at a misdemeanor level charge.

    Here's Texas's, for example:

    Minors who purchase, attempt to purchase, possess, or consume alcoholic beverages, as well as minors who are intoxicated in public or misrepresent their age to obtain alcoholic beverages, face the following consequences:

        * Class C misdemeanor, punishable by a fine up to $500

        * Texas Safety Network Poster Alcohol awareness class

        * 8 to 40 hours community service

        * 30 to 180 days loss or denial of driver's license

    If a minor is seventeen years of age or older and the violation is the third offense, the offense is punishable by a fine of $250 to $2,000, confinement in jail for up to 180 days or both, as well as automatic driver's license suspension.

    A minor with previous alcohol-related convictions will have his or her driver´s license suspended for one year if the minor does not attend alcohol awareness training that has been required by the judge.

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