like if the cops got onto facebook! could they charge me with an mip if they saw a picture of me holding alcohol in my hand?
can you get charged with minor in posession just by the cops getting a hold of a picture of you with alcohol?
6 Responses to can you get charged with minor in posession just by the cops getting a hold of a picture of you with alcohol?
i dont believe so besides it could always be argued that the liquid inside the bottle of the picture in question could be food coloring and water without solid proof i dont thiunk they could do anything… besides you could be holding up a returnable can that is empty as well
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No. Anything could be in that bottle.
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Its circumstantial evidence of a crime that took place, but will it hold in court doubt it
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No. An officer has to physically see you holding it/drinking it in order to charge you.
Husband is a cop.
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Don’t take pictures of yourself doing anything that could be wrong. Be smart.
Husband is a cop.
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Shannon (and her cop husband) are certainly correct, but nobody should leave here with the idea that (at least in California), those are the only ways you might be charged with and convicted of MIP. You don’t have to be physically holding it to be guilty of the crime. Possession is of two types; actual (physically holding it in your hand) and constructive (835 bottles of beer sitting around you while you’re passed out on the couch all by yourself). If you’re 16 and driving around with a six-pack on the seat next to you, you’re certainly breaking California’s MIP law (and others), even though you’re not drinking it and not physically holding it.
But can you be charged with it, based on a picture? I suspect it’s possible….because you’re only asking about being charged, and often a citation is a charging document in court (again – at least in California). What you want to know is if you can be convicted, and I would think based solely on what you’ve said here (just the photo), everybody who has told you no is 100% correct…there’s no way to prove what’s in the container you’re holding.
Starting my 19th year of California law enforcement.
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