Alcohol Flashcards
A Search incident to probable cause may occur at the moment an officer has probable cause to _____, Whether or not the officer makes a formal _______. The results of this search may be factor in the officers decision to _________
arrest
An officer should never just _______ an underage drinkers alcohol and direct them to leave the area
confiscate
(Dump and run is a bad strategy for underage drinking. Thats old school and not in a good way. Its too dangerous to have youth drinkers in the area without at least turning them over to a responsible adult)
When an adult host a party supplying alcohol to youths then the adult is guilty of the crime of _________ in violation of ____/____. The maximum penalty for this offense is ___________. This offense is sometimes referred to as a _________ ______ violation.
Furnishing
138/34
HC NMT 1 year
Social Host
What is the definition of Furnishing under 138/34 (Social Host)
Furnishing means to supply alcohol or allow a person under 21 to possess it on property owned or controlled by the suspect ( Only exceptions are the suspects children or grandchildren)
To be guilty of the violation of the furnishing law, the particular social host may be under _____ when they serve alcohol to minors on their property
21
( Comm v. Knerman the defendant was 19 years old charged with furnishing)
A person may not sell alcohol to minor under 21 years old even if the alcohol is for their ______
parents
(Minors may never be sold alcohol, and a minor may not possess alcohol in public- even if the bartender see the minor turn and the alcoholic beverage to his parent)
An adult may procure an alcoholic beverage at a package store, brewery of winery for his _____, _______ or spouse
Child
Ward
A grandparent may furnish an ______ ______ to his or her grand child at the grandparents house
Alcoholic beverage
Person under 21 may directly handle or sell alcoholic beverages when they are ……..
18 years old and serving and/or delivering during employment
A person who is ______ old and under, in good faith seeks medical assistance for someone experiencing alcohol incapacitation or seeks help for themself is immune to prosecution
21 years
(No immunity unless a person is under 21 years old. So if an adult hosts an under age party then immunity is not granted to the adult host even if they call 911 for party goers)
The ______ _______ law is what covers 21 and under parties who seek medical assistance for drinking fort themself or others
Good Samaritan
If a minor attempts to purchase alcohol with a fake ID they can be arrested for 138/34B which is ……
Minor attempts to get alcohol by fake ID
What is the right of arrest when a person induces a minor to misrepresent their age in order to procure alcohol ?
If no alcohol obtained : Complaint
If alcohol obtained: warrantless arrest in presence
It is not _______ to be in possession of another persons properly issued , not altered ID
illegal
(Restivo had his brothers old license. The goal of the statue 138/34B is to punish someone who attempts to falsify or falsely use a fake ID. Dont want to charge someone who could be in possession of a deceased relatives ID)
Appearances- for example, that the buyer of beer appears to be over 21 years old is not a _______ defense to the charge of selling alcoholic beverages to a person under 21 years old
Valid
(the person must simple know or have reason to know that the minor is under 21. That is why licensees who sell alcohol have a duty to check the ID)
