Frequently Asked Questions about enforcement of underage drinking laws
October 27, 2006
The following is provided as an informational service to Ohio StateUniversity students. It is not to be construed
as legal advice and is not a substitute for the advice of counsel. Though every effort was made to ensure that
it is factually correct, it is not a legal document and cannot be used in any law enforcement or court proceeding. Students
should consult with a private attorney for more information or to obtain specific legal advice.
Frequently Asked Questions:
OBEYING THE LAW IS THE BEST WAY TO AVOID HAVING TO WORRY ABOUT THE ANSWERS TO ANY OF THESE QUESTIONS.
For a review of pertinent Ohio laws, see http://partysmart.osu.edu/ohio_laws.asp.
Here’s a brief summary:
In Ohio, these are first degree misdemeanors, for which you may be arrested:
- Drinking, buying or possessing an alcoholic beverage if you are under 21 years of age. If you are under 21, it
is illegal to drink alcohol on public and private property and you may not even carry a closed container of
alcohol. These laws are commonly called “underage drinking” or “prohibitions.
- Having an open container of an alcoholic beverage in your possession while you are on public property, regardless of
your age and whether or not you actually drink any of it. This is commonly called the “open container law.
- Providing an alcoholic beverage to anyone under 21, whether you sell it to them or give it to them.
- Using false identification to obtain alcoholic beverages.
Open containers of alcohol are not permitted in “public places.” What is a public place?
The law does not specifically define what constitutes a public place, and a variety of facts and circumstances may be
relevant to that determination. Streets, sidewalks, the strip of grass between the street and sidewalk are almost
certain to be considered public places. Your yard, patio or porch may be a public place if you do not control
access to it. If you allow anyone to enter, then it could be considered “public.” If you party on your lawn and are
not scrupulous about keeping outsiders away, your lawn may be considered a public place. Areas shared by more than one
apartment or building are usually considered public. Inside your apartment or house, with the door shut, is usually a private
place. If you would like more information regarding your specific facts, you should consult a private attorney.
Are police officers allowed to enter my yard or porch
without my permission?
Usually, yes. This depends on a number of factors. Consult
an attorney for more specific advice.
Are police officers allowed to enter my house without my
permission or a warrant?
Sometimes, yes, they may. Some of the reasons they are
permitted to enter are: you are allowing anyone to enter (open house party),
they have reasonable suspicion to believe a crime is being committed inside or
that someone is in danger inside (such as passed out from alcohol or involved
in a fight), or you invite them in (whether or not you know they are police).
Must police officers identify themselves as police
officers when they ask to enter my yard, porch or house? Do I have to ask
them, or must they tell me outright?
It depends on the circumstances. If they are in uniform,
it’s clear. If they are undercover or plain clothes, they will rarely
volunteer this information and they are not required to answer truthfully if
you ask. However, it is both legal and sensible to refuse entry to your home
to anyone you do not know. If they then say they are police officers, you
should ask to see identification. If there is an immediate risk to the health
or safety of an individual inside, or in certain other limited circumstances,
the officer can and may go inside.
How can I tell if someone trying to enter my house is
really a police officer in plain clothes and not an impersonator?
Ask to see identification and call their department to
verify their status. This is a reasonable and sensible precaution that you
should take before allowing a plain clothes officer into your home. It is
unusual for a police agency to take you away from the scene in an unmarked
vehicle, so be certain to verify the identity of the persons giving such an
order before entering the vehicle.
Do I have to let them in?
It depends. For all the ins and outs of this issue, you
really need to seek the advice of your own attorney. In general, if they can
see illegal activity or someone in danger from the doorway or window, they may
enter. A warrant is generally required to search the premises; however, there
are many exceptions to the warrant requirement and an attorney can help you
with particulars for your situation.
Am I required to show my ID to a police officer?
This is another complicated issue. For the most part, you
are required to provide your name, address and date of birth when asked. Be
aware that there are exceptions that could affect your rights and you should
consult with an attorney regarding this area of the law.
Which law enforcement agencies have jurisdiction in the
campus area?
The general rule is that most on-campus law enforcement is
handled by the Ohio State University Police Department and most off-campus law enforcement
is handled by the Columbus Division of Police. However, there are many
exceptions, especially during special events such as football game days. Other
agencies that may be working on or off campus include the Franklin County
Sheriff’s Office, Ohio State Highway Patrol, and the Ohio Investigative Unit
(formerly Liquor Control). To further complicate matters, some areas adjoining
university property on the west are not in Columbus, but fall in the
jurisdictions of the Clinton Township Police (Lennox Town Center is the major
one) and the Upper Arlington Police (some places adjoining the Waterman Farm
and West Campus).
It is true that it’s legal to drink if your parents give
permission?
Not exactly. Ohio law does permit parents, spouses over 21 and
legal guardians to provide alcoholic beverages to minors. But the parent has
to be present and supervising you at the time the beverage is consumed. It’s
not enough for your Mom to say it’s OK with her if you drink. Among other
things, she has to be right there with you when you drink. It has to be your
parent, guardian or spouse—it can’t be a friend’s parent, etc.
Must police read me my rights (Miranda warning) upon
arrest?
No. This is only required if you are going to be
interrogated while in custody. If you are, for instance, caught in the act of
having alcohol while underage, there is generally no need to ask you questions
and no need to read you your rights.
What should I do if I am arrested?
Do not resist. Do not argue or threaten. Do as you are
told, be respectful and cooperative. If you have the opportunity to speak to a
friend, you may want to ask them to call your parents (or not) or be prepared
to bail you out.
What does the typical arrest process include?
It varies, but you might be handcuffed, put in a police car
or van and driven to jail (Franklin County Jail in downtown Columbus). At the
jail, the usual process is to take fingerprints and photographs and require you
to strip to your underwear, be patted down and to put on a jail uniform before
being put in a cell with other persons until you are bailed out or arraigned.
You will be allowed to use a phone to call someone who can post bail. If you
can’t get bail posted, you will remain in jail overnight until an arraignment
before a judge the next morning. You will be given a document called a
“complaint” that states what you are being charged with, the name of the
officer making the arrest and his/her agency, and the date you are to appear in
court.
How long does it take between arrest and getting out of
jail?
It varies a lot, depending on such factors as how busy the
officers and jail staff are, how soon you can reach someone who can post bond,
what time of day you are arrested, etc. Students have reported as little as
four hours or as much as 14 hours this fall.
How do I report a citizen’s complaint about police or
jail staff?
The arresting officer’s name and agency will be on your
complaint document. Each agency – Ohio State University Police, Columbus
Police, Franklin County Sheriff, Ohio State Highway Patrol -- has a department
that handles citizen complaints. Call the appropriate agency’s headquarters
and ask to speak to a person who handles citizen complaints. The Franklin
County Jail is operated by the Sheriff’s office, so complaints about jail staff
should be directed to the Franklin County Sheriff’s Office. Be aware that it
is illegal to provide false information to the police.
If I am arrested for underage drinking, is this on my
permanent record?
Maybe. There is a process called expungement that can
“seal” your arrest record under certain circumstances; for example, if this is
your one and only offense. It’s not guaranteed to you, but is a possibility
you can explore. Consult an attorney or the Franklin County Clerk of Courts
office for more information.
Under what circumstances can I be held responsible for
underage drinking violations by my roommates and/or their guests?
There is no simple answer to this question. The best action
is to not have persons under 21 and alcohol in the same place. Certainly, if
you buy alcohol for an underage person or give or sell alcohol to an underage
person, you are committing a crime. If they help themselves to your stuff
without your permission or drink in your presence, you might be liable and you
might not, and there are too many variables and individual circumstances for us
to advise you on that. If you are concerned about this, consulting an attorney
regarding your rights and liabilities in this area is the best way to ensure
that you have the information you need.
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