mistakessuck
New Member
My son had a party at his house. He is 19. There was alcohol ... but more about that in a minute.
Officer received a complaint about an underage party (or so they told me). It is my understanding there were lots of cars & people outside, but not real loud music.
Officer approached the house and asked to enter. My son denied him entry. He stated that my son could not deny him entry because he had to do a "welfare check". Upon entering, he saw the alcohol and some teenagers. (Yes, many people -- some OVER 21 -- had fled when the officer arrived). He stopped some from leaving, but none were over 21. Do I know if any of the people who fled were under 21 and under the influence of alcohol? No, I don't. But neither did any of the police officers, because they never questioned any of those people.
At this point, other officers arrived. They administered breathalyzer tests to some of the teenagers (without their parents present, such as my 15 year old daughter who was there). It is, again, my understanding that NONE of the teenagers who were administered the breathalyzer test were positive for alcohol. They all blew 0.0%. I do know that no teenagers received citations for being under the influence.
However, one girl, age 19, was observed to be acting suspiciously. The officer originally believed her to be under the influence of cocaine. When the EMT's arrived, they corrected him and stated it was meth. ON HER PERSON, she had marijuana. On a shelf, they found an empty baggie that the officer claimed was cocaine residue. The EMT's again corrected him and stated it was meth. (No test was ever performed on the residue at my son's house). The girl was aggravated, restless, and exhibited an inability to keep her hands still, but she was responsive, upright, and mobile. EVERY other person there stated that she had arrived in that condition. The EMT's did transport her to the hospital. They did say that her heart rate was very high. By the next morning, news was that she was fine.
The officer questioned my son about the incident before the EMT's arrived. My son was placed under arrest, handcuffed, and put into the back of the police car. At this point, he had not had any miranda rights read to him. I don't know if he placed him under arrest before the teenagers were administered the breathalyzer or after. (When everyone was gone, the officer took him to the office, and questioned him there. I am assuming that his rights were read at that point). In the end, my son was charged with one count of providing alcohol to a minor and one count of contributing to the delinquency of a minor. I begged & pleaded for a warning, but because the girl was transported, the officer said he had to arrest my son.
Here's what I can't understand. a) was it lawful for the officer able to enter the house on the premise of a welfare check? b) how was my son charged with providing alcohol to a minor when no minors showed evidence of alcohol consumption? c) how was he charged with contributing to the delinquency of a minor when she arrived in that condition?
It seems to me, without the presence of the older party-goers, that the most my son should have been charged with "minor in possession of alcohol". In New Mexico, that would drop it from a 4th degree felony to a misdemeanor.
To make matters worse, New Mexico has done away with immediate bonding. All arrested individuals must now go before a judge to receive a bond amount. Because this happened on a Friday night, my son is in prison until Monday! I cannot bond/bail him out before he is arraigned. It was explained that it has something to do with wealthier people avoiding prison while poor people cannot. Seriously?!?!
Here is the state statute: Felony (4th degree): (Liquor Control Act, applies to age 18 or over) To knowingly A(1) sell, serve or give alcoholic beverages to a minor or permit a minor to consume alcoholic beverages on the licensed premises; (2) buy alcoholic beverages for or procure the sale or service of alcoholic beverages to a minor; (3) deliver alcoholic beverages to a minor; or (4) aid or assist a minor to buy, procure or be served with alcoholic beverages," 60-7B-1A. Minor here means someone under 21 years of age, 60-7B-1E.
Felony (4th degree): Contributing to the Delinquency of a Minor: any person committing any act or omitting the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any person under the age of eighteen years, 30-6-3. (See State v. Perea, 2001-NMCA-002 and 2001-NMSC-026, 130 N.M. 732, 31 P.3d 1006, for further information on this crime.)
Officer received a complaint about an underage party (or so they told me). It is my understanding there were lots of cars & people outside, but not real loud music.
Officer approached the house and asked to enter. My son denied him entry. He stated that my son could not deny him entry because he had to do a "welfare check". Upon entering, he saw the alcohol and some teenagers. (Yes, many people -- some OVER 21 -- had fled when the officer arrived). He stopped some from leaving, but none were over 21. Do I know if any of the people who fled were under 21 and under the influence of alcohol? No, I don't. But neither did any of the police officers, because they never questioned any of those people.
At this point, other officers arrived. They administered breathalyzer tests to some of the teenagers (without their parents present, such as my 15 year old daughter who was there). It is, again, my understanding that NONE of the teenagers who were administered the breathalyzer test were positive for alcohol. They all blew 0.0%. I do know that no teenagers received citations for being under the influence.
However, one girl, age 19, was observed to be acting suspiciously. The officer originally believed her to be under the influence of cocaine. When the EMT's arrived, they corrected him and stated it was meth. ON HER PERSON, she had marijuana. On a shelf, they found an empty baggie that the officer claimed was cocaine residue. The EMT's again corrected him and stated it was meth. (No test was ever performed on the residue at my son's house). The girl was aggravated, restless, and exhibited an inability to keep her hands still, but she was responsive, upright, and mobile. EVERY other person there stated that she had arrived in that condition. The EMT's did transport her to the hospital. They did say that her heart rate was very high. By the next morning, news was that she was fine.
The officer questioned my son about the incident before the EMT's arrived. My son was placed under arrest, handcuffed, and put into the back of the police car. At this point, he had not had any miranda rights read to him. I don't know if he placed him under arrest before the teenagers were administered the breathalyzer or after. (When everyone was gone, the officer took him to the office, and questioned him there. I am assuming that his rights were read at that point). In the end, my son was charged with one count of providing alcohol to a minor and one count of contributing to the delinquency of a minor. I begged & pleaded for a warning, but because the girl was transported, the officer said he had to arrest my son.
Here's what I can't understand. a) was it lawful for the officer able to enter the house on the premise of a welfare check? b) how was my son charged with providing alcohol to a minor when no minors showed evidence of alcohol consumption? c) how was he charged with contributing to the delinquency of a minor when she arrived in that condition?
It seems to me, without the presence of the older party-goers, that the most my son should have been charged with "minor in possession of alcohol". In New Mexico, that would drop it from a 4th degree felony to a misdemeanor.
To make matters worse, New Mexico has done away with immediate bonding. All arrested individuals must now go before a judge to receive a bond amount. Because this happened on a Friday night, my son is in prison until Monday! I cannot bond/bail him out before he is arraigned. It was explained that it has something to do with wealthier people avoiding prison while poor people cannot. Seriously?!?!
Here is the state statute: Felony (4th degree): (Liquor Control Act, applies to age 18 or over) To knowingly A(1) sell, serve or give alcoholic beverages to a minor or permit a minor to consume alcoholic beverages on the licensed premises; (2) buy alcoholic beverages for or procure the sale or service of alcoholic beverages to a minor; (3) deliver alcoholic beverages to a minor; or (4) aid or assist a minor to buy, procure or be served with alcoholic beverages," 60-7B-1A. Minor here means someone under 21 years of age, 60-7B-1E.
Felony (4th degree): Contributing to the Delinquency of a Minor: any person committing any act or omitting the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any person under the age of eighteen years, 30-6-3. (See State v. Perea, 2001-NMCA-002 and 2001-NMSC-026, 130 N.M. 732, 31 P.3d 1006, for further information on this crime.)
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