Expert: Jack Toomey - 3/25/2004

Question
I have a question about a situation that happened at my friend's party. There were people of 18 years of age and some people under 18 years of age that were drinking (none were 21).  The cops ended up coming and they made everyone call their parents, including those who hadn't been drinking,  who blew a 0 when they took the breathilizer.

Is it legal to force someone to call their parents in any of the following situations:

1.) You are 18+ (but not yet 21) and have been drinking.

2.) You are 18+ (but not yet 21) and are at a party where drinking has taken place, but you have not had anything to drink and blew a 0.

I feel that the cops were out of line by making EVERYONE call their parents, espically if they are 18. I thought that once you are 18, the police don't have the right to tell parents certain things. Am I wrong?? Thanks!

Answer
Hello Lauren,

   I take it that the law in your state prohibits the possession of alcohol by anyone under 21 years of age.  If you are at a party where alcohol is being consumed and you are under 21 then you are usually considered to be in constructive possesion of the alcohol just like if you were riding in a car with someone who was smoking marijuana.

   You asked if it was "legal" for the police to make you call your parents.  I don't think that I have ever heard of a state that had a law that prohibited the police from doing this.  It is probably a policy that the department has and it comes from community pressure on the police department to cut down on underage drinking.  

    Once again....the police probably did you a favor by notifying your parents instead of arresting you which they might have had probable cause to do.  Being 18 has nothing to do with notifying your parents in a situation like this.   They were just doing their civic duty by calling.  Just think what might have happened if they had NOT called your parents.  Some parents would be outraged if the police did not call so in this case the police cannot win.  If they call they are criticized by the young people and if they dont call they would be criticized by the parents.