Criminal Law - Catch Me with a Can: North Dakota's Minor in Possession of Alcohol Statute Requires Proof of Actual Possession
![handle is hein.journals/nordak70 and id is 1069 raw text is: CRIMINAL LAW-CATCH ME WITH A CAN: NORTH DAKOTA'S
MINOR IN POSSESSION OF ALCOHOL STATUTE REQUIRES
PROOF OF ACTUAL POSSESSION
In re K.S., 500 N.W.2d 603 (N.D. 1993)
I. FACTS
On August 25, 1992, K.S., a juvenile, attended a party at a residence
in Grand Forks, North Dakota.l K.S. went to the party to say good-bye
to her friends before she moved out of town the following day.2 She
went to the party despite the fact that she knew alcoholic beverages
would be present.3
The Grand Forks Police went to the house in response to a loud
party complaint.4 After knocking several times on the door and
announcing himself, Officer Ellingson was allowed into the house.5
Once inside, Ellingson discovered one bottle of vodka, nine opened cans
of beer, and numerous empty beer cans.6 The investigating officer also
discovered K.S. hiding in an upstairs closet with a male friend who had
been drinking.7
At the time K.S. was discovered, she had been at the party for
approximately thirty minutes, had neither consumed nor intended to
consume any alcoholic beverages, and had not exercised any degree of
control over any of the alcohol.8 Nevertheless, K.S. was charged with the
unruly offense of minor in possession of an alcoholic beverage in
violation of section 5-01-08 of the North Dakota Century Code.9
Upon a judicial hearing, the referee ruled that K.S. was guilty of the
offense. However, pursuant to K.S.'s written request for review, the
Northeast Central Judicial District Juvenile Court set aside the judicial
referee's finding that K.S. had committed the unruly act of minor in
possession of alcohol.10 The state appealed the vacation of the judicial
1. In re K.S., 500 N.W.2d 603. 603 (N.D. 1993).
2. Id. K.S. did not purchase or bring any alcoholic beverages to the party. Id.
3. Id.
4. Id.
5. Id. Officer Ellingson testified that while he was waiting for an answer at the door, he became
aware that juveniles[] began running upstairs-I could hear them running upstairs and I could also
hear them hiding within the house. Id. at 603.
6. In re K.$.. 500 N.W.2d at 603.
7. Id.
8. Id.
9. Id. at 604. K.S. was also charged with the delinquent act of interfering with a public officer in
violation of section 9-0204 of the Ordinances of the City of Grand Forks. Id. The judicial referee
ruled that K.S. was guilty of the offense, and the juvenile court confirmed the referee's finding. Id.
10. In re K.S., 500 N.W.2d at 604. Section 27-05-30 of the North Dakota Century Code
provides, in relevant part, that district courts are to assign a referee to preside in any case or
proceeding provided for in title 14, chapter 27-20 [which includes all juvenile proceedings], and
chapter 28-25 pursuant to rules of the supreme court. Id. at 604 (quoting N.D. CENT. CODE §
27-05-30 (1991)). The findings and recommendations of the judicial referee are deemed to have the](ViewImageLocal?handle=hein.journals/nordak70&div=51&collection=&method=preview&ext=.png&size=3)
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Criminal Law - Catch Me with a Can: North Dakota's Minor in Possession of Alcohol Statute Requires Proof of Actual Possession
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