Was I a victim of false arrest?

Question

at a particular nightclub which was advertised as 18+, showed my legal government issued I.D. and went inside. 10 minutes later police raided the bar and discovered that 21 year olds had been purchasing alcohol and consuming it in the same room as the minors. as a result they kicked out the 21 year olds, and placed all 117 remaining minors under arrest for 1. loitering at a bar, and 2. possesion of alcohol by a minor. Now the club was well adverstised as being 18+ and I paid to enter. Does the loitering charge make sense? Secondly, no officer can have claimed to see me touching any alcohol, nor was I ever at a table with alcohol present. Finally, while I do not doubt that minors were drinking, it is my belief that they had wrongfully obtained wristbands, as I had not seen anyone with a wristband drinking. Can they arrest 117 people on the same charges, even when they know only a small minority partook in the action, and wouldnt go through any process to determine who did?

I was indeed charged with both those counts, and I have to go to court. And the reason I was at the club to begin with was that the flyers and the advertisement made it clear that alcohol would not be served to minors, and I do not see it as any different then being at a baseball game, where alcohol is being served to people next to you in the same venue. Also the club owner was arrested the same night and charged with 115 counts of serving to minors. People are claiming that other club owners conspired against him to get him out of business, and the 115 arrests were just to strenghthen the case against him. Again, I had in depth conversations with officers that night, asking for breathalyzer tests, or sobriety tests to take to court and was refused very rudely. I feel I am placed in an unwinnable situation, where the police who put me under arrest had not seen me personaly do anything wrong.

Answer 1

In essence you are guilty by association, not a crime....

Answer 2

It may depend on the elements of "loitering at a bar."

Since they chased out the people of age, there must be more than mere presence. Loitering probably means being someplace you have no business being, but you were a paying customer, and the advertisement indicates you thought you were there legally, so I think you've a good chance of beating that one, too.

False arrest? Probably not. It may well be that the owner was in violation of the law allowing you in at all. We're not talking a bowling alley or a restaurant, we're talking a business that makes its money exclusively from alcohol sales, and sells hard liquor. Most states forbid minors in those places, no matter what, you can't even come in to use the phone if your car was stolen.

Answer 3

If they don't go through with charging you with anything, it's not false arrest. The police can hold anybody for 24 hours without filing charges.
The loitering charge is ridiculous and won't stand up in court. Also, you can't be drunk by association. Contact the club, as I'm sure they were pissed off by this. These police were out to scare people.

Answer 4

You can be arrested in the raid if there is probable cause to believe that you violated the law.

It's not false arrest if the crime is defined as "loitering in a bar" and you were in fact in the bar. Why? Becuase false arrest only applies when there is no legal basis for the arrest.

You can argue that the law is unconstutionally vague or overbroad, and you can argue that if you were not drinking you did nothing wrong by being in a place that allowed people your age. But the arrest itself is valid, based on the facts you give.

Answer 5

If the device reported your license became invalid, confident, he had greater advantageous than in all likelihood reason. He had an criminal accountability to take you off the line, or is he meant to permit each unlicensed operator who says "Oh, that must be a mistake" to force away? i've got self assurance you have been by no ability arrested. in case you have been, you will have been recommended of your rights and all that different sturdy stuff would have befell. You have been detained on suspicion of unlicensed operation of a motorcar. that's usually in simple terms an infraction right here and leads to an visual charm fee ticket. My guess is that whoever the device concept you have been has been a typical shopper. Getting irate on the officer will accomplish no longer something different than get you place decrease back interior and charged with any of numerous issues.

Answer 6

You and the other 20 and under need to get together and file a law suit against the club and the police. Talk to a lawyer. One is bound to take on the case for free. You can also talk to the press in your surrounding area. Call a local newspaper. Bad publicity should get things rolling.

Answer 7

Sounds bogus to me. If they were going to bring up charges it should have been against the night club for serving alcohol to anyone when under age patrons where there. I don't think this will stand up in court but maybe you should all chip in and get a really good lawyer

Answer 8

It would seem so that this is a false arrest.
However, since the police cannot 'prove ' you actually purchased and consumed alcohol, I believe you can fight
the charges.

Answer 9

probable cause. despite that you may have not partaken in these actions, since others were, you too look guilty. when in court, just be respectful and explain to the judge your position. both are small offences, and will likely be thrown out if you just are respectful and truthful

Answer 10

Probably you were a victim indeed, because the police doesn't care about you and neither does your government. You're on your own, chap.

You're all victims, really.