I was wondering if some legal experts could weigh in on a hypothetical situation. Read: No one I know is being charged with an MIP, this is merely a curiosity on my part. I did some research on the text of the law, but this seems like an issue where a thorough knowledge of case law is important to being able to answer the question, and I don’t know how to research that stuff.
Here’s the hypothetical:
A 20 year old is at a house party with friends in a residential neighborhood. The 20 year old is not and has not consumed any alcohol throughout the course of the night, but there is alcohol in nearly every room of the house and everyone around him is drinking.
For an unrelated reason, police are brought to the house and invited in voluntarily. They suspect that the 20 year old is not of age, and think he may be guilty of an MIP. Assume they see him standing around in a room where there are cups of alcohol all around, lots of people are holding them, some are sitting around, etc. The minor however is not holding any alcohol on his person. He is not sitting at a table where people are drinking.
His parents are not around nor have given him permission to drink. He hasn’t had anything to drink.
At this point, suppose the officer questions him, asks him his age and to identify himself, gives him a sobriety test, asks him to blow, whatever. He comes back 0.00. (not sure what happens in this instance at all, if this part of the hypothetical is wacky please let me know).
But the officer sees alcohol all over the house, and even though the 20 yo wasn’t holding any or particularly near any one specific situation where people were drinking, he decides to charge him with an MIP for constructive possession.
Would this be easy to fight? How likely would it be to happen in the first place? Would a police officer be likely to charge a minor in this situation with an MIP for constructive possession, and if so, how hard would it be to fight in court?
If any other details are needed, I can provide them. Thank you for your help!