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Frequently Asked Question
What is an MIP?
MIP stands for "minor in possession" and refers to the citation issued to a person under 21 who is found in possession of an alcoholic beverage in violation of State law or City ordinance.
Does the Party Patrol break up family get-togethers and arrest parents if alcohol is present and their kids are at these functions?
No. The purpose of the Party Patrol is to investigate reports of unsupervised underage drinking parties. A parents, guardian, custodian or adult legal spouse can allow a minor in their control to consume alcohol. We do not go to backyard barbecues or family birthday parties and arrest adults for drinking or arrest minors present at these functions for constructive possession of alcohol. There are some exceptions, of course, that address other offenses such as child endangerment. Each call is taken under careful consideration before any enforcement action is initiated.
Does the Party Patrol check out adult parties?
Yes, we are frequently called to parties where everyone is of legal age. Although these people can consume alcohol, they still have to respect other laws such as noise violations or similar infractions. There are many occasions where both young adults and minors are found attending the same parties. What is important for adults in these situations to remember is that they can be held accountable if minors are drinking at these parties. This applies to situations where the adults are not the parents, guardians, etc. for the involved minors. The violations can range from petty misdemeanor, such as premise liability, all the way to such 4th degree felonies for providing alcohol to minors or contributing to the delinquency of a minor.
Do officers need a search warrant to enter a premise where underage drinking is taking place?
Do officers need a search warrant to enter a premise where underage drinking is taking place?
This is a common concern and there is no simple answer to this question. Basically, officers do need a search warrant to make entry into a private home to investigate a home or make an arrest. However, there are some exceptions to this constitutional privilege that will give the police authority to make a limited warrant less search of these places. One of these exceptions is "exigent circumstances". This applies to to those emergency situations where someone's life may be in jeopardy. For example, officers can see someone inside who is injured and unresponsive. Entry can be made in this case to provide assistance to the person in distress. Another legal principle that allows officers to check a premises without a search warrant is called the "community caretaker" function. Officers often come across minors who have consumed too much alcohol at an underage drinking party. Many times these young people are found passed out and in need of medical assistance. If officers have any indication that this may be occurring at an underage drinking party they are investigating, a limited "sweep" of the home can be made to check to make sure that no one is in such a condition as to be unable to take care of their own well being. This exception does not allow officers to search personal belongings, such as drawers or closed containers unless a person could reasonably be hiding within. If no adults are present, or if there is additional evidence of underage drinking in "plain view", such as alcohol present, empty cans or bottles, intoxicated minors, etc., officers then may continue their investigation and take appropriate enforcement action.
If an underage person is present at a party where alcohol is being served can they be charged with minor in possession even if they have not been drinking?
They can, but it depends on the circumstances at hand. There is a concept called "construction possession" that has been added to the City code ordinance that applies to minors in possession of alcohol. The former definition was based strictly on "actual possession", such as a beer in the minor's hand in the presence of the police officer. This is no longer the case. Officers can and will charge minors in such situations where it is obvious that a minor has been drinking and a container of alcohol is nearby. Charges can also be placed where there is a large quantity of alcohol present, numerous empty containers, and other evidence linking a particular person to recent consumption. Officers can also issue citations when they see a person discard or attempt to hide a container in any manner. The message for young people who are not drinking but find themselves in these situations is to leave the party, rather than face possible enforcement action.
Besides breaking up parties, does the Party Patrol do anything else to really address the problems associated with underage drinking?
Yes, by all means. First of all, the mere existence of the program serves as a deterrent to the problem and hopefully will go a long way to impact on a young person's decision to attend these parties for fear of being caught. Secondly, the parents of every minor under 18 years old found at these parties is notified and called to pick up their child. This is an educational wake-up call for the parents and definitely is a preventative measure against future violations since parental sanctions and safeguards are usually enacted following these encounters with the law. Thirdly, the Party Patrol actively works with community groups to give presentations on the subject and educate the public on the problem. Lastly, the Party Patrol interacts with the schools, courts and juvenile probation to provide intervention services where needed to address those situations where kids are "at risk" due to alcohol problems. Again, the program is based on a "full service" concept incorporating prevention, education and intervention to our enforcement efforts.
What is zero tolerance?
Zero tolerance is the concept that enforcement action is taken against every person found in violation of a city ordinance or state offense, no matter how minor the infraction may seem. It makes no difference to the Party Patrol officers who the person is, who they may know or who they are related to - everyone is treated equally and will be cited if they are breaking the law. Basically, officers make no exceptions and have limited discretion in these situations. Again, the thing to remember here is that the person has to have committed some violation in the first place before enforcement action is undertaken. We do not indiscriminately cite or arrest people without probable cause to do so.
How do I report an underage drinking party?
If a citizen becomes aware of an underage drinking party, they should call 242-COPS(2677) as soon as possible. Party Patrol officers will be assigned these calls on the nights they are in operation. If not, the beat officers will handle the call. If one has information regarding any parties occurring on a regular basis or other problem properties of this nature, please call your nearest sub station and ask that this be referred to the Party Patrol for further investigation. The Nuisance Abatement Team works closely with the Party Patrol to look into these complaints and can take civil action against property owners if they do not comply and address these problems. Should you see any serious crimes in progress-call 911 immediately to report such situations as shootings, fights or other emergencies involving an underage drinking party.