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Loud teen party becomes a high-profile legal battle
Houston Chronicle ^ | June 17, 2005 | Erik Hanson

Posted on 06/17/2005 8:47:31 AM PDT by Millee

A routine call to check a loud party complaint at a home in one of this Fort Bend County city's swankiest neighborhoods has mushroomed into a full-fledged legal battle, with a squad of seasoned criminal defense attorneys lined up one side and the city on the other.

The dispute centers on citations police issued to 37 teenagers for possessing alcohol. Many of the teens say they were not drinking at the April 14 party. The parents were not home.

Some of the teens have pleaded guilty, but others and their parents are fighting the charges. They say police walked in without a warrant and simply issued citations to everyone in attendance, paying no mind to who was drinking and who was not.

On the other side of the dispute are city leaders and police who say officers had a duty to curtail underage drinking.

The attorneys, many of whom work felony cases in district court, met with the prosecutor and judge in municipal court Thursday to hash out details about an upcoming hearing on the case.

A parent, Rene Woodring, said she is fighting the charges because her daughter was not drinking.

"The police came in. They didn't check to see which kids were drinking. They just said everybody is getting a minor in possession" citation, she said.

Woodring went to the house in the 800 block of Sugar Creek shortly after the 10:47 p.m. raid and asked police to give sobriety tests to determine who had been drinking.

"They said, 'No, everybody is getting a ticket and you just have to go to court and we will sort it out there,' " Woodring said Thursday.

Woodring and other parents are also angry because those who received citations were not allowed to take part in extracurricular activities at school.

Sugar Land Mayor David Wallace said despite the view of defense attorneys and some parents, city officials think the officers had legal cause to enter the house and issue citations.

"We take a very strong stance on minors in possession and we take a strong stance on illegal and underage drinking," he said.

Wallace said some of the teens and their parents have filed complaints against police for what they call unprofessional or abusive behavior.

"We are working those and continuing to investigate those" complaints, he said.

While many are fighting the charges, Sugar Land prosecutor Jan Baker said 14 of the teenagers have pleaded guilty.

At the pre-trial conference Thursday, defense lawyers filed motions saying officers entered the house illegally because they did not have a warrant or probable cause.

The attorneys want the search and all evidence seized to be suppressed.

Municipal Court Judge D. Craig Landin said the legal issues regarding the entry and search of the home will be argued during a June 30 hearing.

Attorney Keith Hampton, who is representing one of the teens, said circumstances did not give police cause to enter the house.

Police can enter a house without a warrant or consent from the owner under certain conditions, such as a life being in danger or evidence being destroyed.

Although there were no indications of serious felonies being committed in the home, prosecutor Baker thinks there is sufficient case law to permit the actions the officers took.

The episode began when police were sent to the Sugar Creek house to investigate complaints about a party, said Sugar Land police spokeswoman Pat Whitty.

As officers pulled up to the two-story home, several partygoers ran away.

Officers went inside where they corralled 37 people younger than 21. They also found dozens of beers and other alcoholic beverages. Whitty said police issued citations for minor in possession of alcohol and arrested two people.


TOPICS: Crime/Corruption; Culture/Society; US: Texas
KEYWORDS: 5thamendment; donutwatch; govwatch
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To: bummerdude

"What ever happened to just telling their parents?"

I think the actions of the parents in this instance answer that question. It is the equivilent of doing nothing.


21 posted on 06/17/2005 9:23:31 AM PDT by L98Fiero
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To: tahiti
I would sue the shit out of the cops, prosecutors, and any other city official involved.

Maybe, but the kids will all be going away to college in the fall, and the parents are well off and will probably be glad just to see it go away after the police have been put in their place.

SO9

22 posted on 06/17/2005 9:28:06 AM PDT by Servant of the 9 (Trust Me)
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To: Millee

The parent in this incident is nuts. She is the problem.


23 posted on 06/17/2005 9:34:13 AM PDT by kjo
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To: <1/1,000,000th%
"The parents let their underage kids go to a drinking party? Were they out drinking themselves?

No!! I was at....Bible Study.....er...I mean..how would I know???
24 posted on 06/17/2005 9:39:27 AM PDT by Millee (So you're a feminist......isn't that cute??)
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To: Millee

Spoiled, wealthy little sociopaths who are above the law. Obviously this neighborhood is a breeding ground for future lawyers.


25 posted on 06/17/2005 9:42:16 AM PDT by FormerACLUmember (Honoring Saint Jude's assistance every day.)
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To: Millee

Yeah, if Johnny or Janey had an accident after leaving the party, you can bet your booties that mom and dad would be outraged and suing the owner.


26 posted on 06/17/2005 9:55:51 AM PDT by lilylangtree
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To: lilylangtree

Great point!


27 posted on 06/17/2005 9:59:46 AM PDT by Millee (So you're a feminist......isn't that cute??)
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To: <1/1,000,000th%
"The parents let their underage kids go to a drinking party?"

The crazy way laws are in this country make it impossible for parents to supervise their kids. At 18 they are adults able to go anywhere they want without parental supervision. They aren't allowed to drink until they are 21 though. Blaming the parents for that situation is stupid.

The solution, either raise the age of adulthood to 21 or lower the drinking age to 18. Of course that makes way too much sense for legislators to ever do.
28 posted on 06/17/2005 10:14:30 AM PDT by monday
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To: FormerACLUmember
Spoiled, wealthy little sociopaths who are above the law.

Does drinking at a party underage make you a sociopath?

Does not drinking at a party and fighting against charges that you were make you a sociopath?
29 posted on 06/17/2005 10:19:59 AM PDT by Durus
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To: monday

You have a point.

In my case, if my 19-year-old daughter continues to live at home, she has to follow dad's rules. If she doesn't like dad's rules, dad can have everything she owns out in the front yard in about 15 minutes.


30 posted on 06/17/2005 10:21:12 AM PDT by <1/1,000,000th%
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To: Lou L

Upon what would you base administering a breathalyzer test, a field sobriety test? I feel that action would be thrown out of court.
I think that every kid in the house could be charged with being a minor in possession since none of them were of legal drinking age and willingly placed themself in the situation by remaining were alcohol was being consumed illegally.
Furthermore, the fact that people were seen fleeing the site when police arrived certainly gave the police a sound reason to enter the house to determine what activity was taking place that compelled people to flee when police arrived.


31 posted on 06/17/2005 10:24:41 AM PDT by em2vn
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To: Millee
"Sure. It was everybody else's kids who were drinking."

The police were asked to give them Breathalyzer tests in order to determine who was drinking and refused. Why didn't they? Did they just want to bust all of those nasty little rich kids? Put them in their place?

It's so funny how many people on this thread don't even try to hide their hatred of these kids because they are rich. Class bigotry is widespread and no one even bothers to hide it like they would if they were racists. The rich are not a protected class in the politically correct world. They just have to shut up and take it like white people or men or Christians.

All the bigots on this thread should be ashamed of themselves, but I expect they aren't.
32 posted on 06/17/2005 10:29:31 AM PDT by monday
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To: conservativeharleyguy
Nope. With regard to a home, 'probable cause' doesn't obviate the need for a warrant. Car, yes. Home, no.

As far as the possession charge, again, the 'everyone in the house' theory won't fly. It works in a car. But in a house, there is no way to establish that any given kid even knew the alcohol was present, or that they had any access to it.

What if their 12-year-old sister was upstairs listening to records? Charge her, too? See, it just doesn't work as a blanket assertion.

Anyway - high school seniors drinking - the horror!

33 posted on 06/17/2005 10:35:04 AM PDT by lugsoul ("She talks and she laughs." - Tom DeLay)
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To: Lurker
I didn't see anyone allege either of the above conditions here.Maybe I missed it.

I can't imagine a bunch of kids standing at the door telling the cops that they cannot enter without a warrant. I'll bet the kids probably just let them in.

34 posted on 06/17/2005 10:37:39 AM PDT by Dianna
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To: Lurker

If it is an open party, it's an open party. That's why college frat parties have lists now. No undercover cops can attend.


35 posted on 06/17/2005 10:37:52 AM PDT by AppyPappy
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To: FormerACLUmember
"Spoiled, wealthy little sociopaths who are above the law."

sociopaths? lol.... You must be joking? Do you know what a sociopath is?
36 posted on 06/17/2005 10:39:34 AM PDT by monday
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To: em2vn
Upon what would you base administering a breathalyzer test, a field sobriety test? I feel that action would be thrown out of court.

Evidence.

Positive Breathalyzer + alcoholic drinks present + minors = drinking underage.

If this went to trial and you saw that evidence, what else would you need to know?

37 posted on 06/17/2005 11:05:43 AM PDT by Lou L
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To: tahiti

well, that's saying a lot


38 posted on 06/17/2005 11:06:05 AM PDT by Rushgrrl (~brought to you from the illegal-rich state of California~)
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To: monday
sociopaths? lol.... You must be joking? Do you know what a sociopath is?

Sure, a sociopath is the alternative term for "lawyer."

39 posted on 06/17/2005 11:08:24 AM PDT by FormerACLUmember (Honoring Saint Jude's assistance every day.)
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To: monday

but it's the RISK the kid takes by being somewhere where there is drinking and getting busted for being there. Cripes when I was underage I was doing it but you can be DAMN sure that if I were to get busted it was my own damn fault. Plain and simple..SO much for personal responsibility..and these parents are teaching their kids that being there is okay (it isn't because it's possession!). And for all of you that are OKAY with this....maybe you shouldn't be having kids! It's always the cops fault!! My gawd you people are disgusting and just as BAD as any liberal when it comes to this subject!! It's about RESPONSIBILITY! But then, from what I've seen here, a whole bunch of you are just as pro-gov't-baby-sitting as any lib!


40 posted on 06/17/2005 11:10:07 AM PDT by Rushgrrl (~brought to you from the illegal-rich state of California~)
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