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Offlinefohawk
Stranger
Registered: 01/19/08
Posts: 3
Last seen: 16 years, 7 days
This happened tonight... what are my legal rights?
    #7903684 - 01/19/08 09:26 PM (16 years, 13 days ago)

I am 19 yrs old, 20 in feb.... I used a fake ID tonight to buy beer in a liquor store in the next town over in a bad neighborhood because the ones in my town are closed. I walk out put the 30 in the backseat bc i couldnt open the trunk and then an undercover cop car pulls up behind me and 2 officers get out.
2 friends and I are standing outside the car, the driver of our car is inside the store buyign beer too. the cops pull up ask how old we are. I state 21 and he asks if we are all 21 and I say yes. then he asks some more questions and eventually asks to see my ID. My real ID says im 19 and he starts using more questions to intimidate me. I am remaining completely calm and instead of answering his questions, which would incriminate me further, i ask him questions like what is going to happen? or am i being arrested?...
He asks me why I am being smart with him and i am like i do not mean to be smart at all I just understand my rights and know what to do in this situation. He then approaches me, grabs my jacket and drags me forcefully behind his vehicle has my place my hands on the trunk and starts talking to me like a 3rd grader. he asks me why i disrespected him, how this new wave of cops has masters and blah blah blah..
he asks me how I bought the alcohol, do i have a fake ID? i say no, and then he says so u just went in showed them ur 19 yr old ID and they said okay. they talk to each other about getting the cashier to come out and one goes in to get him, the other says im goin to ask u one last time before i do something (or something like that), "do u have a fake ID?" i then said yes, and present it to him.
in conclusion, he took my ID, refunded the beer, and let me go on my way.
Question is, did I give up any of my constitutional rights in this scenario? I would love to know how I could have handled the situation differently and better.
Thank you!
I have no bad blood with police officers, i respect them completely, but I would like to know what rights I have in a situation like this.


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InvisibleLe_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1 Flag
Re: This happened tonight... what are my legal rights? [Re: fohawk]
    #7906828 - 01/20/08 06:39 PM (16 years, 12 days ago)

Yep, you did all the right things. :thumbup:


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Invisibledemiu5
humans, lol
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Registered: 08/18/05
Posts: 43,948
Loc: the popcorn stadium Flag
Re: This happened tonight... what are my legal rights? [Re: Le_Canard]
    #7907723 - 01/20/08 10:20 PM (16 years, 12 days ago)

Quote:

ToiletDuk said:
Yep, you did all the right things. :thumbup:




except for lying to the cops initially when they asked if everyone (including you) was 21


--------------------
channel your inner Larry David


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OfflineUCX_911
VideoSlave


Registered: 01/13/08
Posts: 206
Loc: Great North
Last seen: 15 years, 13 days
Re: This happened tonight... what are my legal rights? [Re: demiu5]
    #7908022 - 01/21/08 12:06 AM (16 years, 12 days ago)

looks like you got off clean

thank god the drinking age in canada is 18/19


--------------------
"Reefer Madness."


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Offlineatomicblue
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Female


Registered: 11/09/07
Posts: 206
Loc: UP
Last seen: 14 years, 2 months
Re: This happened tonight... what are my legal rights? [Re: UCX_911]
    #7908323 - 01/21/08 02:48 AM (16 years, 11 days ago)

Thank God for Canada, AGAIN! Selling it's youth out to booze at an early age!


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OfflineSeussA
Error: divide byzero


Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
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Re: This happened tonight... what are my legal rights? [Re: atomicblue]
    #7908380 - 01/21/08 03:20 AM (16 years, 11 days ago)

> Thank God for Canada, AGAIN! Selling it's youth out to booze at an early age!

Thank God for Canada where people like you don't force others to live their lives by your moral values.


--------------------
Just another spore in the wind.


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Offlineatomicblue
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Female


Registered: 11/09/07
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Loc: UP
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Re: This happened tonight... what are my legal rights? [Re: Seuss]
    #7908389 - 01/21/08 03:32 AM (16 years, 11 days ago)

Are you selling me on your god or canada or your idea of my morals. Judge not lest ye be judged. I don't believe in any gods or countries it just sounds funny!  Stir pot...let rest , stir again. Easy Seuss...Easy. All in good fun. "You know what opinions are like"... This is an old expression from the land of assholes. God Bless America! :smile:


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Offlineatomicblue
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Female


Registered: 11/09/07
Posts: 206
Loc: UP
Last seen: 14 years, 2 months
Re: This happened tonight... what are my legal rights? [Re: atomicblue]
    #7908393 - 01/21/08 03:33 AM (16 years, 11 days ago)

Check it out we're both happy!


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OfflineUCX_911
VideoSlave


Registered: 01/13/08
Posts: 206
Loc: Great North
Last seen: 15 years, 13 days
Re: This happened tonight... what are my legal rights? [Re: atomicblue]
    #7909352 - 01/21/08 12:04 PM (16 years, 11 days ago)

Quote:

atomicblue said:
Thank God for Canada, AGAIN! Selling it's youth out to booze at an early age!




I dont see what difference it makes for a 21 drinking age.
Just a whole lot more McLovin's floating around.


--------------------
"Reefer Madness."


Edited by UCX_911 (01/21/08 12:04 PM)


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OfflineGrylls
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Registered: 10/15/07
Posts: 394
Loc: East of the Continental D...
Last seen: 1 year, 5 months
Re: This happened tonight... what are my legal rights? [Re: UCX_911]
    #7910737 - 01/21/08 05:32 PM (16 years, 11 days ago)

Wow, you got off with nothing?

Who knows what would happen in my city in Mormonland, USA. I bet I'd be in jail for buying alcohol 1 year off...


--------------------
Alone in the clouds all blue.  Lying on an eiderdown.  You can't see me, but I can you.


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OfflineSeussA
Error: divide byzero


Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
Re: This happened tonight... what are my legal rights? [Re: UCX_911]
    #7913440 - 01/22/08 01:15 AM (16 years, 11 days ago)

> I dont see what difference it makes for a 21 drinking age.

It is nothing more than the "system" trying to reinforce that the government owns me like a slave, even after I am an adult. I can be executed for murder, as an adult, even though I am only 14. I can be drafted, and forced to die for my country as an adult, even though I am only 18. But, for some unknown reason, I am not mature enough to drink alcohol until I am 21. Yep, the government owns this body, not me...

> Are you selling me on your god or canada or your idea of my morals. Judge not lest ye be judged.

Yet you are the one judging Canada for "selling out it's youth" ... perhaps you should take a nice long look in the mirror before pointing fingers?


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Offlineatomicblue
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Female


Registered: 11/09/07
Posts: 206
Loc: UP
Last seen: 14 years, 2 months
Re: This happened tonight... what are my legal rights? [Re: Seuss]
    #7913583 - 01/22/08 02:14 AM (16 years, 10 days ago)

My point was why pickle young minds. There are reasons young people are not allowed to do certain things. Girls mature earlier than boys so therefore are offered better insurance rates etc. Boys emotionally mature later and are known for being a little more reckless/hence rules are there to curb some activities. In certain cases for the protection of all citizens whatever country you might take  pride in living. I am no judge of Canada. For some crazy reason they never ask my opinion. :frown: The bottom line is the kids were breaking their laws and lying. That's why kids are kids they don't get to choose for themselves . There is no perfect age that any country can pick that anyone would be happy about as the appropriate age for many rights we as adults enjoy.


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OfflineSeussA
Error: divide byzero


Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
Re: This happened tonight... what are my legal rights? [Re: atomicblue]
    #7913721 - 01/22/08 04:36 AM (16 years, 10 days ago)

> The bottom line is the kids were breaking their laws and lying.

The "kid" was an adult... 19 going on 20. If you are old enough to be drafted and die for your country, then you are old enough to decide what you put into your own body, be it battery acid, or alcohol, or transfat, or anything else.

> There is no perfect age that any country can pick that anyone would be happy about as the appropriate age for many rights we as adults enjoy.

I'm not looking for perfect, I'm looking for consistent. I can be prosecuted as an adult at any age, I'm kind of an adult at 16 when I start to drive (in most places), I'm really and adult at 18, but not really, because I'm not really responsible enough to be considered an adult until I am 21, unless I make a mistake, then I should have known better, because I am an adult even though I am not given the rights of an adult. (I passed 21 almost two decades ago, so I'm not crying because the law excludes me from drinking.)

If you want 21 to be the drinking age, then fine... but no prosecution as an adult until 21, no draft until 21, no voting until 21, no marriage without parents permission until 21, still under parental guardianship until 21, etc.


--------------------
Just another spore in the wind.


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Offlineatomicblue
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Female


Registered: 11/09/07
Posts: 206
Loc: UP
Last seen: 14 years, 2 months
Re: This happened tonight... what are my legal rights? [Re: Seuss]
    #7915035 - 01/22/08 02:54 PM (16 years, 10 days ago)

I hear you Seuss,but again those who make the rules are not always fair.


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OfflineUCX_911
VideoSlave


Registered: 01/13/08
Posts: 206
Loc: Great North
Last seen: 15 years, 13 days
Re: This happened tonight... what are my legal rights? [Re: Seuss]
    #7915173 - 01/22/08 03:21 PM (16 years, 10 days ago)

I concur.


--------------------
"Reefer Madness."


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Invisiblefastfred
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Posts: 6,899
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Re: This happened tonight... what are my legal rights? [Re: UCX_911]
    #7917848 - 01/22/08 10:48 PM (16 years, 10 days ago)

Anyhow... Back to the OP.

I think you got lucky. You made a few mistakes. You shouldn't have lied to the officer. That's obstructing justice, providing false information, and falsely identifying yourself. You could have been charged with a few things right there.

Instead you should have just shut your mouth. You can just say "I have nothing to say to you officer." In the US at least, all you're required to give is your name and address. You don't have to answer what you're doing, where you're going or any of that other bullshit they usually ask.

Had you clammed up right off the bat they likely would have no cause to continue.

You were smart to hand them your real ID. If you had used the fake you almost certainly would have gotten a citation or arrested.

Your second mistake was giving up the fake id. You willingly waived your right against search and gave up evidence that could easily prove you guilty of a crime.

It's hard to say what would have happened if you played it differently. It mostly depends what the cop saw as they pulled up. If they actually saw you with the beer then that's MIP and they could have arrested you on the spot and find your fake ID. If they had seen that it's kind of odd that they bothered much with interrogating you. But sometimes they're just out for kicks and like pushing people around for their amusement.

The last thing I would say is that you're not out of the woods yet. A report was probably filed, with your fake ID and all your identifying info attached. They still might charge you. That's up to the DA, not the cops. It seems like a pretty clear cut case since you ended up confessing to everything and gave up enough evidence to make it an easy case against you. It will probably depend on their case load in that county weather they bother with prosecuting you.


-FF


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Offlinefohawk
Stranger
Registered: 01/19/08
Posts: 3
Last seen: 16 years, 7 days
Re: This happened tonight... what are my legal rights? [Re: fastfred]
    #7919064 - 01/23/08 08:17 AM (16 years, 9 days ago)

Fastfred, thank you very much. You answered all my questions.
I gave up my fake because i figured that when they went in to get the cashier they would have been informed that I had used a fake. Then I was unsure whether they had right to search me and if they found the fake that would have made the officer even more mad and instead of getting off, I would have been arrested.
They did see me walk out of the store with the beer and place it in the car. So that is why when they approached i stated I was 21 (wrong thing to do, i understand now).
I assume the case is closed because a major reason I got off the hook was because the officer that I was not giving a hard time to had seen me at a family friend of his, as I am friends with one of the sons in that family. He is also the one that had my ID when they drove away and kidded about giving it back, so I assume (and hope) that he did not file that part of the report. It is a bad area, so I do hope that they are too busy with serious cases as to not waste my time, and theirs, and continue.
That happened to a friend of mine, where he was let off and then a few days later got in trouble for the fake ID. No good.


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Invisiblefastfred
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Re: This happened tonight... what are my legal rights? [Re: fohawk]
    #7931537 - 01/25/08 07:04 PM (16 years, 7 days ago)

You're probably safe then. Unless they like writing reports they often write things like "suspicious person/circumstance, subject questioned, no citation issued."

Welcome to the shroomery BTW.


-FF


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Offlinedeadatdusk
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Registered: 12/02/05
Posts: 295
Loc: Las Vegas, NV
Last seen: 14 years, 3 months
Re: This happened tonight... what are my legal rights? [Re: fastfred]
    #7943834 - 01/28/08 02:20 AM (16 years, 4 days ago)

I can see two missteps. 1. lying to the police, and 2. admitting to a crime. Never never admit to a crime, answer a question with a question. "Do you have a fake ID?", You say: "Officer, I'm in a hurry am I free to go or am I being detained?" If they say yes then ask why, and refuse to speak w/out representation.


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