the car was liscenced&inshured ,so was i.cop walks up,says"what are you doing with the keg?' i look back seeing it for the first time,and say"it's scrap metal." i give him the required papers,he takes them ,everything checks out.he comes back andtells me to step out of the vehicle, walks me back, tells me ,hands behind your head youre under arrest, for what i say, the beer kegsays he,isay first of all its scrap metal second its not mine. his reply was you told me it was a beer keg & that it belonged to both of you. we were arrested under a law :unlawful sale or possession of beer ;unlawful to posess beer in container larger than 2 liters. there was no beer in the keg. after the arrest we were searched we both had small amount of drugs . did he have probable cause to arrest us? will this charge stick?
2006-08-30 01:11:10 · 12 answers · asked by chester a 2 in Politics & Government ➔ Law Enforcement & Police
If the keg was empty then the charge uf unlawful possession of beer (assuming that you are a minor) should not stand. That would be the same as arresting you for having an empty beer bottle in the car. The beer, not the container, is the illegal part.
As far as the drugs, he would have had to have probable reason to suspect. I would think that he didn't, but that could be a gray area decided by the judge.
2006-08-30 01:18:05 · answer #1 · answered by Anonymous · 1⤊ 1⤋
You in a heap of trouble boy!
Yes. The charges will stick. If the keg, aka "scrap metal" was in a part of the vehicle where the driver and passengers had access to it, you were technically in possession of an open container. Even an empty is a legal implication of drinking and driving in every state. Just saying it is scrap metal does not get you off.
If you and your friends are under 21 you are in deep do-do on that count as well.
As to the drugs. You are in deep do-do on that as well.
I see at least four instances of extreme stupidity commited by you and your friend!
Open container.
Lying about what it is to an officer of the law
Possible under age possession
Illegal drug possession
Guys, your GOTTA GROW UP and stop acting like you are above the law. Police officers do not like smart as.s.ed kids.
The officers had every right to search you and your friend. What the officer observed was probable cause.
Lawyer up kiddo!
2006-08-30 01:25:10 · answer #2 · answered by WhatAmI? 7 · 1⤊ 0⤋
In my humble opinion he had probable cause to investigate a beer keg that might, or might not, be unlawful.
I don't know whether it could count as an "open container". It seems to me that if one is taking empty bottles for recycling -- or empty kegs -- that is not an open container. But it could provide probable cause, even for a search.
That's why IF HE FOUND DRUGS you need a lawyer. Only a clever and experience lawyer can perhaps get the evidence suppressed. And you should not be making any statements, much less admissions, on Y! Answers, which are available to anyone searching on Google or Yahoo!
And your IP can be traced.
2006-08-30 01:19:12 · answer #3 · answered by Anonymous · 3⤊ 0⤋
Yes yes and yes , esp if you are under age. If you saw it for the first time then why think scrap metal? why else was the keg there? unless you were un the hunt for other various amounts of scrap metal and can prove it then most likely thesed charges will stick and the drug icing on the cake I say GOOD BUST. Good Luck in court I give you a new nickname Dopey Kegboy
2006-08-30 01:19:28 · answer #4 · answered by deputeesteph33 3 · 1⤊ 0⤋
somebody on this site is looking to purchase an empty keg. It's a few pages back from this listing. Try 3 pages more recent. It's around there... I think
2016-03-27 01:07:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes he did...and stop trying to act like you did nothing wrong....Scrap metal...yeah right Idiot...Everyone knows that you have to return Kegs when your done using them...nobody keeps them...Telling a cop it is scrap metal was the dumbest thing you could have done..and he did have probable cause.
2006-08-30 01:17:36 · answer #6 · answered by Sarah D 3 · 2⤊ 0⤋
I'm going to save this moron's post for whenever someone asks that stupid "Should marijuana be legalized?" question. You couldn't find a more convincing testament to the moron-ifying effects of drugs, on the human brain.
2006-08-30 01:38:18 · answer #7 · answered by Anonymous · 2⤊ 0⤋
Ummm, yes, yes it will.
Even if you dont get charged for the alcohol, you will most definately get charged for the drugs.
2006-08-30 01:17:27 · answer #8 · answered by Beetlehead 2 · 2⤊ 0⤋
You will be charged you broke the laws and the law is an a**
2006-08-30 01:17:21 · answer #9 · answered by Anonymous · 2⤊ 0⤋
He must have suspected you were consuming, smugling or dealing with drugs,
You can hire a lawyer..
2006-08-30 01:17:26 · answer #10 · answered by Redeemed 4 · 1⤊ 1⤋