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Roger
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Category: Criminal Law
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Customer Question

My son was cited for procession of alcohol by a minor. The campus police entered my son's dorm because of a noise concern, they proceeded to search the 4 bedroom on campus apartment without athorization and found a souviner size bottle of tequilla with the worm in it, the officers proceeded to tell my son verbally he would be charged with possession of alcohol by a minor, never provided him a citation, but took a "mug shot" and threatened that he was lucky they did not arrest him What I am trying to determine is if in fact we can file a harassement case or any recourse based on the fact that he never received a written citation from the officer? Also, what are the reprocussions of this type of citation in CA. My son was not intoxicated nor was their any other alcohol involved.

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX X'X a Criminal Law litigation attorney.

If he never receives a citation for the offense, then he has not been charged or cited for any crime. Therefore, it may be that nothing ever comes of this.

If he were charged and convicted, Ca. Business and Professions Code 25662 provides punishment of community service and/or a fine; however, it is a misdemeanor , which means that a conviction will become part of one's permanent criminal record, which is why it is critical to fight this charge.

In addition, Vehicle Code 13202.5 VC provides that a conviction for violating California's minor in possession law will result in a one-year suspension of the minor's driver's license or a one-year delay in his opportunity to obtain a driver's license if he is not old enough to obtain a license. This law further provides that an additional one-year suspension will be added to each subsequent underage alcohol or drug-related conviction that he suffers. Thus, the consequences can be serious.

Whether you would have a claim for harassment would depend on whether or not the search was proper. In order to have probable cause, the officers would have to show that they had a suspicion that wrongdoing or something illegal way taking place. If they were there on a noise complaint, it is likely that their inspection of the dorm rooms was legal. Thus, you'd likely have a hard time establishing that the officers did something illegal.

It's likely best for your son if this just goes away, which it should if no citation was issued.

Expert:  Roger replied 1 year ago.
Hi

Please let me know if you have any additional questions related to this issue. Also, please positively rate our conversation so that I may receive credit for my research and response.

Thanks,

Kirk
Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for my time.

Thanks!

Kirk

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