Not looking for a big "your an idiot for drinking rant" here, So please, dont.

Went drinking with a couple of my friends on Friday, out in the woods, couple cases of beer, and a nice fire. Naturally turned into about 20-25 people once word got out that we were up there.

Was just supposed to be the 4 or 5 of us guys who are going into the military and our girlfriends camping out overnight, but to make a long story short, it got big (25+ people).

Well it turns out the cops use FLIR (Infrared) out of either airplanes or helicopters to "party patrol" the woods along I90. All of us got caught, me being the last one. Cops were incredibly cool, other than the fact that they "confiscated" 10 30rd AR mags in my Eagle Industries pack...because they were "dangerous" (the AR was locked away in the trunk.) I blew a .077, 20 years old.

But here is the thing...other than the breathalizer test, they never read me my rights, told me I was being charged with anything, or gave me any kind of ticket or notification. Everyone else was sobriety tested other than me, and all were "notified" of their arrest, and let go on the spot. Kinda odd that I wasn't. Im planning on enlisting in september, but if they are going to try and pin MIC/MIP on me before that, ill go in early to wave the charges. No criminal record to speak of.

Either way I feel like I may have caught a lucky break...all the cops were teasing me about going into the SEALs, one was ex army and one was ex marines. Both extremely cool guys...I just wish I knew if I was being charged with anything!

first off why did they confiscate your mags? there was nothing illegal about them, and you are of age so it is legal for you to have them. i would be checking in to getting them back. sounds like an illegal seizure to me.

We were off of Exit 38...Ill look into the mag seizure...that pissed me off...

Have you contacted them about getting your stuff back?  Were you underage for possessing them at the time?  If you were a juvenile it may be wandering through the system.  

Your family lawyer (never can tell when something comes up) might be able to write a letter to the Chief requesting the return if you've been "clean" since.  That can go both ways though.  It can bring attention back to you or it can bring attention to the officers.  

My  bro-in-law (who knew better) had a loaded Glock (his wifes actually) in his van packed away with band gear in the back.  (CA plates - you know the SEARCH ME NOW vehicle)  They got stopped for speedin g (yep they were,) searched and zip the Glock went bye-bye.  About two weeks later after a bunch of the YOU KNOW BETTER lectures, wifes other brother the LA County Sheriff writes to the Patrol Supervisor at the agency and the bro-in-law that is a Deputy DA for LA County writes to the DA, both to see if they can get the gun back.  Lo and behold, it had never been checked in or logged as confiscated.  Major embarassment, fecal material hitting fan, etc  - if you are going to be around for a few more months, you might not want to stir a pot like that

MIP/MIC = Minor in Possession/Minor in Consumption

Why did you have to blow  if you weren't driving.  Isn't that like being asked for your drivers license when busted for jay walking. Or ID of any kind when you are a passenger. Seems like they may have been "cool" cause they let you go with a warning?[rolleyes]  All in all you are a criminal so you should be thankful all that they required in compensation was you mags. (this is called sarcasm) How much were they worth again?  

On a completely different note I was under the inpression FLIR doesn't work when a indiviual is under a conifer. Any one more knowledgeable then I holla out.

The mags were about $20-30 each, so say 300 total, plus about 400 rounds of ammo, and the Eagle pack, which was 280 bucks. So say 580 + ammo, about 80 bucks worth, thats around 660 bucks. Id rather take my chances with getting charged than lose all that. Ill be calling them tommorow. How can you confiscate ammuntion? His justification was that I was drunk, and therefore dangerous, and removing what ammo he could, would make the situation safer.

A few points.

1. Monday morning go see about getting your mags back. They should have been booked under the original case number, in your name, for "safekeeping". Unless the cops were crooked, in which case they need to be fired and thrown in jail for grand theft.

2. you are under arrest at the point you realize and submitt that you are no longer free to go. there is no legal requirement to tell you "you are under arrest for XYZ"

3. There is no legal requirement to Mirandize you unless a crime has been committed, you are a suspect in that crime, you are in police custody, and the police are going to question you about that crime for the purposes of trial. unless all those requirements are met, you dont need to mirandize. I arrest 3 to 5 people a day. I mirandize someone once or twice a month. In most cases I have enough info for arrest and prosecution without ever doing a custodial interrogation of the suspect.

4. The DA generally has 1 year to file misdemeanor charges. If your name shows up in any of the reports from the incident, they DA can always mail you a summons. But it's unlikely.

Sometimes we have a group of minor detained for possession of alcohol. If the owners of the beer wont fess upo, we have everyone blow to see who has been drinking. If you havenet been drinking then you are more credible when saying it's not your beer. If your intoxicated, your less credible saying it's not my beer. So the "breathalyzer" is a legitamite investigative tool for more than just drunk driving.

[/cough]Bullshit[/cough] He sure didn't coat his eyes in mud when he was staring directly at the alien. They would have been like two little fireballs just floating  in space. I realize you suggested this in jest aimless. Or perhaps disinformation. I'm sure the FLIR question deserves it own thread at any rate.  

They took your back pack too? I would definetly look into where it all went. Of course if you live in a small town you could as Aimless said just be stirring the pot.  Bend over and take it lots of us here have. I remember 1shot1kill's story very well. Except that you, unlike 1shot, are a criminal.  [;D]

haha Aimless...mud...we talked about that afterwards, decided the only way we could probably have avoided detection...and the only way I probably did for so long, was to be concealed underneath some logs for awhile.

Things are complicated about if I did, or didnt, receive an MIC. Everyone else there who was under 21 seemed to, but they were also notified and sobriety tested.

Regardless, I really want to figure out if the seizure of my gear was legal, and if they have the right to hold it for 7 business days.

Thanks for all the help (and jokes!) so far!

Being one of the 85% functional idiots I understand you saying it is a investigative tool. My question though was more along the lines of why would he blow if he wasn't driving. They can't confiscate your license for that and blowing is just incriminating yourself.  Of course after running , hiding and still being caught I am sure he was much more inclined to be cooperative.  

FYI-

Miranda rights don't come into play unless you are in custody AND being interrogated. A breathalyzer is not the sort of "testimonial" evidence that the 5th is designed to protect. Your account does not reveal any procedural flaws that I can identify.

I don't completely understand what your situation is. Were you given a summons for MIP/MIC or not? If not, did they take down your name and address? Do you think they cut you a break because you are almost 21 and going into the military?

I cant tell if they cut me a break or not. I was breathalized, not miranda'd, not sobriety tested, nor was I given any ticket, or sign anything. I did however give them my information.

Whether I was charged with the infraction or not is unclear, because I dont know the proper process for charging me with a crime.

The ammunition (inside the pack) and pack were seized inside of my tent. The actual gun was locked away in my car.

Who needs FLIR or to bother hiding under logs or covering yourself with mud when you have a signal fire going.

A signal fire that was about a click away from me when I was caught under the log. They use the FLIR to find the multiple body heat registries, AKA 25+ people and only one fire.

Okay, I guess that I will be the first one to ask: WTF were you doing with 400 rounds of ammo and a rifle while drinking in the woods with a bunch of underage kids? 4-5 or 25+ it doesn't really matter.

Like I said, the rifle was locked away in the trunk. The ammo was in my pack, which was in my tent. Ammo is no danger...well...I guess you could throw it really hard and go "BANG!"


We were shooting the rifle the next day. Alcohol and guns dont mix.

I don't doubt that you are a safety conscious gun owner, most of the people who post here are, as are most gun owners in general. I was not/am not concerned about your lack of safety, what I am concerned about is the other 24 people. Drunk kids are stupid and dangerous (I know because I have in the recent past been one) and who knows what may have happened. That is just a bad situation to be in.

Also when you are drinking that much beer, 4-5 people drinking a couple cases of beer, 48 beers, is 10-12 beers a person, you are not thinking straight, no matter how much of a "heavyweight" you are. When there is that much alcohol bad decisions are made.

I know you didn't want a "your an idiot for drinking rant" and I hope it is clear that that is not what I am attempting to do. Good or bad it doesn't matter, kids drink and I don't think it is that big of a deal. But bad things happen frequently enough when kids are drinking in the middle of the city, even more frequently out in the wilderness. You introduce a weapon into the mix and bad stuff can happen.

And can you honestly tell me that if your friend was getting his ass kicked by a couple drunken punks in the middle of the woods that you would have the willpower after 8-9 beers not to grab your AR and start shooting?

Again, I'm not trying to flame you or anything, just recommending that you avoid the presence of guns around alcohol in any way, shape or form.