Underage Drinking Crackdown In Destin

Law Enforcement Focus on Spring Break for Alcohol Possession Nothing New in Destin

With renewed focus, the Okaloosa County Sheriff and Walton County Sheriff are targeting spring breakers for possessing alcohol not just on the beach, but in streets, sidewalks, just about anywhere. And Destin has likely had the highest numbers of citations for underage drinking (MIP).

But these officers may not have probable cause or a legitimate legal reason to accost who they perceive to be “college students” in general because there is really no way of knowing how old these young people are, right?

Sure, they may look like they are in the range of 18-25 years old, but there is no way to determine, prior to detaining them and questioning them, that they are in fact, under the age of 21.

That is why most of these encounters, not being “consensual” in any way, are illegal.

Police cannot just go up to someone, look at them holding an alcoholic beverage, and order them to disclose their actual act or to produce a photo I.D.

In that situation, a person has the right to not cooperate with their investigation, unless the officer has reasonable suspicion through an objective basis, or actual knowledge that the person is under-aged and possessing alcohol. A “police hunch” is not sufficient.

While it may be worthwhile to challenge the legality of these arrests based on an illegal police encounter and detention, sometimes it is easier to resolve the case with a deferred prosecution agreement.

If I calculate the length of time it would take to litigate these issues by filing appropriate motions and setting hearings before the appropriate court, it may turn out that a client could secure a dismissal from a DPA prior to a substantive hearing on the illegality of the arrest.

Unfortunately, our respective law enforcement agencies know this as well. That is why they will continue to stop and question individuals that may have a drink in their hand, and not deviate from their present tactics in order to maximize their total number of arrests during this spring break season.

If you or a friend has been arrested or cited for Underage Drinking (Minor in Possession), don’t listen to the police. Call me and make sure this citation does not impact school or your future job prospects.

 

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