Partying Bill of Rights
Frequently Asked Questions
Can a police officer search a person’s bag without probable cause?
No, unless the officer feels that the person has or is about to commit a crime and fears the weapon is involved.
Can police force someone to take a breathalyzer?
Unless the person is driving a vehicle, police cannot force, coerce, or require you to take a PBT.
Can someone request to take a breathalyzer?
Yes, people may request to take a PBT and is encouraged if you have not been drinking.
What happens to someone 21 or older at an underage drinking party?
In most cases people over 21 are not violating any criminal law, unless they are furnished or are hosting the party for minors.
If a police officer comes to your door, do you have to answer?
No. You have your right to privacy. If the police receive information that someone in the room is unconscious, (if on campus) the Resident Director may key into the room. It is always best to answer the door and comply with the police.
What happens when someone is issued an M.I.P.?
In Saginaw County, a first offense MIP is generally given a deferred sentence, meaning a fine and if that person does not get in trouble in the future, the citation is removed from the record. Also, an alcohol education class is required.
If someone is intoxicated but not stumbling and acting drunk, can the police stop them?
If the police have valid reason to believe that someone is causing trouble, they will do so.
If friends take you to a hospital for suspected alcohol poisoning, could you still get an MIP?
Yes, a police officer would come and issue you a MIP. Does a police officer need a search warrant to enter my dorm room?According to the University Housing contract the student resident is allowing, “the University, its agents and employees access at all times to inspect the premises.”
Can I get in trouble if I host a party where there is underage drinking even if I am not drinking?
Yes, you can be fined and face imprisonment for allowing underage drinking on a property that you control. Also, if you allow drinking and one of those people injure someone else, that third party can sue you.
Can a minor get a DUI even if they have only had a sip?
A minor can still drive with a .02% blood alcohol level, so it depends on the drink and the size of the sip. Although a minor found with any alcohol in their system at all will most definitely receive an MIP.
If a minor is caught with alcohol and the police officer writes down their name but does not take them to the police station, will this go on their record?
The police officer has few choices in this case. He might just give a warning or the name is put on a ‘field card’ which is used to keep a track of people who cause problems. He might write a report and give it to juvenile court. If through juvenile court, some type of consequences are given for the offence.
Do you have to answer a police officer’s question if you are stopped?
No, you do not. However, refusing to answer a question can make a cop suspicious of you.
If you get pulled over and you are the driver and are underage and have alcohol in your car, but have a passenger that is 21 who is responsible?
Most likely the 21 yr. old would have claim of the alcohol. But if it is opened then the 21 yr. and you would get in trouble because it is illegal to have open alcohol in the vehicle.
Can a police officer search through someone's car without consent?
Generally speaking, no. But there are many, many exceptions to this including search incident to an arrest, inventory search after an impound, initial evidence or contraband found upon contact, etc.