Underage vs DUI; Emory's dilemma

[macallan25]

Where did you see that? I'm pretty sure I have seen multiple multiple instances where routine traffic stops led to drug arrests. I mean, watch Cops sometime.

[adpiucf]

If you see the cocaine in the car, isn't that probable cause? IE: If you pull someone over for excessive use of the horn and you see the open container in the car, you don't need a warrant to give the person a breathalyzer!

[AlphaFrog]

Originally Posted by cutie_cat_4ever

It reminds me of a case I learned on TV.

This guy was pulled over because of speeding. The cop gave him a speeding ticket, but also found drugs in his car. However, the cop cannot arrest him because the cop does not have a warrent to search his car. The guy got pulled over for speeding at that's it. The cop would have to petition a search warrent to arrest the guy.

Don't believe everything you see on TV. If the drugs were in plain sight when the officer looked into the vehicle, a warrant is not needed.

[DeltAlum]

Originally Posted by macallan25

I don't think drinking underage was ever mentioned.

Actually, it was mentioned in the first post -- I quoted it above.

Pardon me if I'm wrong, but the way I read the situation, the bus was being paid for with student organization funds which were supplied by the university. That seems like the same thing to me as the bus being paid for by university funds at the end of the day, which gives the university the right to cancel the service -- or at least withdraw the funds from the organization. Even if cancelling it is the wrong thing to do, which in my opinion, it is.

However, the university allegedly feels that the service was fostering drinking among underage students. I'm not sure how to prove that, but I guess it's still a decision they can reach and react to as they see fit.

I'm not sure where the bus driver liability issue comes from. The driver and company are hired to deliver people from one place to another. I doubt that it's up to them to enforce liquor laws.

The bar or restaurant certainly have liability when it comes to serving minors -- or even allowing those of age to drink too much if they become a hazard to others.

[Tom Earp]

Originally Posted by cutie_cat_4ever

It reminds me of a case I learned on TV.

This guy was pulled over because of speeding. The cop gave him a speeding ticket, but also found drugs in his car. However, the cop cannot arrest him because the cop does not have a warrent to search his car. The guy got pulled over for speeding at that's it. The cop would have to petition a search warrent to arrest the guy.

Could the same be said about that bus? As long as the driver is driving safe, the cop has no reason to pull over the bus (but obviously the cop could see a reason) until he has warrent. Is that the same?

It depends if the Officer saw items that may seem like drugs or related items.

It used to be illegal to search a glove box if it was locked or the trunk on a car stop. But the US Supreme Court changed that law.

Now, if the Officer feels in fear of or worrys about safety then they do have the right.

In applying to the bus, there can always be a reason found or so said.

It also applies to the Home.

[macallan25]

Originally Posted by DeltAlum

Actually, it was mentioned in the first post -- I quoted it above.

Pardon me if I'm wrong, but the way I read the situation, the bus was being paid for with student organization funds which were supplied by the university. That seems like the same thing to me as the bus being paid for by university funds at the end of the day, which gives the university the right to cancel the service -- or at least withdraw the funds from the organization. Even if cancelling it is the wrong thing to do, which in my opinion, it is.

However, the university allegedly feels that the service was fostering drinking among underage students. I'm not sure how to prove that, but I guess it's still a decision they can reach and react to as they see fit.

I'm not sure where the bus driver liability issue comes from. The driver and company are hired to deliver people from one place to another. I doubt that it's up to them to enforce liquor laws.

The bar or restaurant certainly have liability when it comes to serving minors -- or even allowing those of age to drink too much if they become a hazard to others.

Yeah, I gotcha.........we were having a little side discussion about Safe Ride in Norman...that is why I made the comment.

[cutie_cat_4ever]

Originally Posted by adpiucf

If you see the cocaine in the car, isn't that probable cause? IE: If you pull someone over for excessive use of the horn and you see the open container in the car, you don't need a warrant to give the person a breathalyzer!

Yeah you're right. I asked someone and they told me if the cop see it, they can act on it. But they can't ask you to open your trunk to serach unless they have a warrent.

[macallan25]

yes they can.......

[cutie_cat_4ever]

Originally Posted by macallan25

yes they can.......

Really? Now I'm confused...

[greekalum]

If the officer has probable cause to believe there is contraband or evidence of a crime in a vehicle, they may search it without a warrant.

(And you're really SOL if you're on a boat- there are a few safeguards if you are on a vehicle, esp. the "probable cause" bit, which don't apply to boats. _

[sugarplumfairy]

Originally Posted by adpiucf

Being in college doesn't exempt you from the law. People drink underage, yes, but having a bus that travels through town to and from the bars presents a liability for the university because the police are more likely to bust the kids on the bus, and as I mentioned earlier, there's a lawsuit waiting to happen the minute Frankie the Freshman binge drinks, hops on the bus and chokes to death on his own vomit. Mom and dad aren't going to sue Benny's Backwater Bar. They're going to go after the private university with its millions of dollars.

There wouldn't be any liability on the university, even if someone died on the bus. The University didn't supply the alcohol, nor sell it, neither did the SGA. That would fall on the restaurant that sold it to them.

Otherwise, as I stated previously, ever cabbie that ever picked up a drunk that anything happened to would be held liable, and that doesn't even remotely make sense.

Now, on the issue of the University's reputation getting tarnished if a busload of kids were pulled over and underage drinkers were cited? That sounds more like the REAL reason that they stopped the service.

[KDMafia]

Well if the school pays for the buses they can cancel them whenever they want. They also will have the authorization to come on them at any time and apparently breathalize the riders for any reason.

It happens at my undergrad all the time. A sober driver is pulled over for a routine traffic stop, all the passengers are breathalized and arrested..nothing happens to the driver.

There are many ways that schools will try to cut down on underage drinking, unfortunately the only way kids will not drink is if the booze is too expensive. It has been proven that the only way to cut down on use of anythign is the raise the price, it prevents people from starting or continuing. The fact is, when not faced with a sober driver option pepole will attempt to get a DD but many will not. It's sad but true and also there is is the issue of having girls walking home from the bars due to lack of a ride/common sense to call for a taxi.

[AlphaFrog]

Originally Posted by cutie_cat_4ever

Really? Now I'm confused...

Here's the thing...they can ASK you to open your trunk, and if you willingly do it, then they don't need a warrant. If they ask you, and you refuse, (if they want to pursue it further) they hold you and get a warrant (which they can now get, because by refusing, you've given them reasonable suspicion), and then search your trunk. So, basically, if they want to search your trunk, they're going to search your trunk, and if they have to go get a warrant, they're not going to be very nice about it, so you're better off just cooperating, no matter what's in there.

[33girl]

Originally Posted by sugarplumfairy

Now, on the issue of the University's reputation getting tarnished if a busload of kids were pulled over and underage drinkers were cited? That sounds more like the REAL reason that they stopped the service.

**ding ding ding ding** thank you, we have a winner.

[jon1856]

Originally Posted by cutie_cat_4ever

Yeah you're right. I asked someone and they told me if the cop see it, they can act on it. But they can't ask you to open your trunk to serach unless they have a warrent.

From what has happened to me in the past, the officer can ask you to open your trunk. At that point it is your choice......but as I said that was several years ago......and I had nothing to hide but for several of the worlds best cheese cakes.....