I’m locked up!!! Help me beat the case…

[aceupthepants]

Hi I was wondering if littering was a probable cause for a police officer to administer a breathalyzer. I know we are protected from unreasonable searches under the Fourth amendment, but would littering give a police officer reason to breathalyze someone? I ask because the other night while walking down the street I accidentally littered the top of a blow pop wrapper and a police officer saw this. He told me if he found the wrapper then he would “arrest me” he found it then took me to the station and breathalyzed me, where he cited me for underage drinking (I’ll be 21 in 2 weeks). Also since littering is not considered a misdemeanor as far as I know how could he make claims of “arresting” me? Wouldn’t this constitute harassment?

[DonkeyKongSr]

Let's see...
- Littering
- Public intoxication
- Underage drinking

Naaaaaahhhh, there's nothing there worth arresting you over.

[aceupthepants]

[ QUOTE ]
Let's see...
- Littering
- Public intoxication
- Underage drinking

Naaaaaahhhh, there's nothing there worth arresting you over.

[/ QUOTE ]

Pretty much he had no reason to think I was drinking or publicly drunk.

[ QUOTE ]
(13) PENALTIES: ENFORCEMENT

(a) Any person who dumps litter in violation of sections 1-10 in an amount not exceeding 15 lbs in weight or 17 cubic feet in volume and not for commercial purposes is guilty of a noncriminal infraction, punishable by a civil penalty not less than $50 and no more than $300. In addition the court may require the violator to pick up litter or perform other labor commensurate with the offenses committed.


[/ QUOTE ]
source: http://www.litterbug.org/litterlaws.htm

So if this is true how can he threaten to arrest me for something that is a "noncriminal infraction"?

[guids]

You realize what you posted is from a .org, and is a "sample" letter for cities to draft that are wanting to enact some type of litter ordinance. This is in no way law etc.

[Tony_P]

[ QUOTE ]
You realize what you posted is from a .org, and is a "sample" letter for cities to draft that are wanting to enact some type of litter ordinance. This is in no way law etc.

[/ QUOTE ]

lo, i was just about to post this. what a maroon

[danvh]

If it wasnt littering, it would be disorderly conduct or something.. My roomate is a cop. Ive asked, if they think you are breaking the law, there are tons of way for them to prove it. Littering happened to be this way.

You did something illegal..Got caught..It happens. I believe on this site its refered to as varience.

[aceupthepants]

[ QUOTE ]
[ QUOTE ]
Take your punishment like a man.

[/ QUOTE ]

OP isn't a man, he's a child.

[/ QUOTE ]

Know someone before you pass judgment on them.


[ QUOTE ]
You get drunk a bit, you litter a bit, you're feelin' snarky, what do you generally do next... Damage some personal property perhaps?

[/ QUOTE ]

Slippery slope much? Might as well arrest me for murder, for what its worth I have never damaged anyone’s personal property.

[ QUOTE ]

Plus littering is awful anyways. You deserve to be cited for being an inconsiderate prick.

[/ QUOTE ]

I agree.

[ QUOTE ]
[ QUOTE ]
You realize what you posted is from a .org, and is a "sample" letter for cities to draft that are wanting to enact some type of litter ordinance. This is in no way law etc.

[/ QUOTE ]

lo, i was just about to post this. what a maroon

[/ QUOTE ]

At what point did I state this was some absolute authority? I just posted something that I found, I think you sir are the “maroon.”


All in all I really do think littering is a [censored] thing to do I am just kind of pissed about the whole situation considering I am turning 21 in two weeks. The cop was seriously out to get someone and unfortunately I was that someone. Earlier in the night two 21 year olds got caught fighting and they only got a 50 dollar fine while I will probably lose my license for 6 months, just seems kind of stupid.

[guids]

Im pretty sure anything the govt can cite you for is a misdemeanor, ie, a traffic ticket is technically a midemeanor? Also, ya, its probably cause if you littered.

[mattw]

if littering is not a misdemeanor, then what is it? also, cops only need probable cause. dude, you are busted.

[FortunaMaximus]

lol. Keep your back to the wall, kid, and bite the bullet. Cop wanted to teach you a lesson. Shame you ain't learned it.