Bottled-water purchase leads to night in jail for UVa student

[roo_ster]

http://pjmedia.com/instapundit/171563/

http://www.dailyprogress.com/news/bottled-water-purchase-leads-to-night-in-jail-for-uva/article_b5ab5f62-df9b-11e2-81c4-0019bb30f31a.html#.Uc3D1DfBAV4.facebook

    When a half-dozen men and a woman in street clothes closed in on University of Virginia student Elizabeth Daly, 20, she and two roommates panicked.

    That led to Daly spending a night and an afternoon in the Albemarle-Charlottesville Regional Jail. Her initial offense? Walking to her car with bottled water, cookie dough and ice cream just purchased from the Harris Teeter in the Barracks Road Shopping Center for a sorority benefit fundraiser.

    A group of state Alcoholic Beverage Control agents clad in plainclothes approached her, suspecting the blue carton of LaCroix sparkling water to be a 12-pack of beer. Police say one of the agents jumped on the hood of her car. She says one drew a gun. Unsure of who they were, Daly tried to flee the darkened parking lot.

A reasonable person would have feared for his/her safety — as she did — and would have been within his/her legal rights to shoot them, or run them down. At which point, if experience is any guide, they would have made up some BS cover story. This sort of behavior by law enforcement is a threat to public safety and should not be tolerated. The agents should be fired.

More from source article:

Prosecutors say she apologized profusely when she realized who the agents were. But that wasn't good enough for ABC agents, who charged her with three felonies. Prosecutors withdrew those charges Thursday in Charlottesville General District Court, but Daly still can't understand why she sat in jail.

"This has been an extremely trying experience," she wrote. "It is something to this day I cannot understand or believe has come to this point."

A gents at ABC's regional office in Staunton deferred to the agency's public affairs office in Richmond. Spokeswoman Carol Mawyer would not provide details of the arrest or ABC's investigative procedures, except to say that all agents wear plainclothes and carry metal badges.

Agents charged Daly with two counts of assaulting a law enforcement officer and one count of eluding police, all Class 6 felonies carrying a maximum penalty of five years in prison and $2,500 in fines per offense.

Chapman said he'd never encountered a situation like this in his 34 years of experience.

"It wouldn't be the right thing to do to prosecute this," he said, noting that no one was hurt during the exchange, which took place around 10:15 p.m.

Knock me over with a feather---prosecutors with a lick of common sense!  Bravo.

Of course, the ABC agents need a a good firing, tarring, and feathering for scaring the crap out of college girls and then trying to turn their dumbassery into a felony charge.

[Tallpine]

Since when is it a crime to purchase beer and take it home in your car 

I can't say what I wish would happen to these pigs 

[BlueStarLizzard]

Since when is it a crime to purchase beer and take it home in your car 

I can't say what I wish would happen to these pigs 

For a student who's under 21, it's a crime.

I hadn't heard about this, which I think is weird. However, it makes me thankful that I don't shop at that Harris Teater or the Kroger on the other side of Barrecks.

Poor kid. Most UVA students are pretty oblivious, and there's a lot of talk around the campas about verious attacks on female students. I'm guessing she was scared out of her mind.

[MechAg94]

Even if they were in plain clothes, would it have been so difficult to do something simple like having their freaking BADGES and ID out as the approached?  Even better, get the make model and license plate and have uniformed officers in marked cars do a stop?

[cassandra and sara's daddy]

Even the girl acknowledged they had badges out. And that she "grazed" them with her vehicle.

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[MechAg94]

Even the girl acknowledged they had badges out. And that she "grazed" them with her vehicle.

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Thanks, I missed that. 

I will add that I have always disliked the idea of police making arrests like this in plain clothes.  There are better and safer ways to make the arrest for all involved.  With CHL being more and more common, I think it is only a matter of time before something bad happens due to these practices.   

[Tallpine]

Even the girl acknowledged they had badges out. And that she "grazed" them with her vehicle.

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Any body can get a toy badge.

For a student who's under 21, it's a crime.

I hadn't heard about this, which I think is weird. However, it makes me thankful that I don't shop at that Harris Teater or the Kroger on the other side of Barrecks.

Poor kid. Most UVA students are pretty oblivious, and there's a lot of talk around the campas about verious attacks on female students. I'm guessing she was scared out of her mind.

Good grief there must not be any real crime going on 

What's next, SWAT raids on suspected under 21 suspected of possessing bottles of something suspected to be alcohol ?   

[MicroBalrog]

    A group of state Alcoholic Beverage Control agents clad in plainclothes approached her, suspecting the blue carton of LaCroix sparkling water to be a 12-pack of beer. Police say one of the agents jumped on the hood of her car. She says one drew a gun. Unsure of who they were, Daly tried to flee the darkened parking lot.

Even had she been not 20, but 10 years old, using such tactics to arrest her for carrying beer would be insane.

Of course, in the way which this has been carried out moved out to outright madness.

[agricola]

Alcoholic Beverage Control?  Over here that means demonstrating your competence in carrying three pints back from the bar in one trip.

[AZRedhawk44]

   A group of state Alcoholic Beverage Control agents clad in plainclothes approached her, suspecting the blue carton of LaCroix sparkling water to be a 12-pack of beer. Police say one of the agents jumped on the hood of her car. She says one drew a gun. Unsure of who they were, Daly tried to flee the darkened parking lot.

I had a stranger try to mount my car once in the middle of the night.

He's lucky he moved.

This cop is a Darwin awardee just waiting to happen.

[dogmush]

Even the girl acknowledged they had badges out. And that she "grazed" them with her vehicle.

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I confess if someone jumped on the hood of my vehicle with firearm, I doubt it would even occur to me look for a badge before I reacted to the threat. The odds of me looking, seeing, and aborting my response before someone got hurt is infinitesimal. Of course I don't break laws, so the odds that they would be cops would be pretty low too.  Hope no one rolls snake eyes.

[BlueStarLizzard]

I'm sorry, but if someone in street clothes approches me with a badge, I would like a close look at that badge and for the person to behave in a professional, polite manner.


It's not unheard of for bad guys to use fakes to commit crimes.

Finally, UVA girls who shop at that store are of a type (there is a reason I don't go there) I swear, there is no need to draw a gun on those dingbats. The badge and a stern talking to (in a professional manner) would have been enough to make her cry and get their bullying point accross.

[cassandra and sara's daddy]

I think suit and tie is the uniform for ABC. They don't have a so-called Uniformed Division. They do have arrest powers and they do carry a gun.



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[Jim147]

They do have arrest powers and they do carry a gun.

Maybe they shouldn't.

jim

[Perd Hapley]

"Look out! She's got a bottle of Michelob!"

[Gowen]

I think the lawyers will be involved soon and they will pay her off, all the while admitting no wrong doing.

[De Selby]

Why on earth do the liquor store regulators even need to be peace officers!?

[French G.]

Alcoholic Beverage Control?  Over here that means demonstrating your competence in carrying three pints back from the bar in one trip.

Here in Ol' Virginny one can purchase beer and wine near anywhere but distilled spirits only come from state run ABC stores. Or West Virginia and Maryland. Current governor good hair has floated the idea of privatizing all liquor sales as a budget cutting measure apparently because only a state can lose money selling alcohol. ABC board has dominion over all sales since that's where the sales licenses come from.

[seeker_two]

Good thing for ABC that the CCW age is 21.....

[just Warren]

Even the girl acknowledged they had badges out. And that she "grazed" them with her vehicle.

Thank God we found out who is truly responsible. 

[AZRedhawk44]

Why on earth do the liquor store regulators even need to be peace officers!?

ATF set that precedent during Prohibition 1.0.

The Government WILL get its sin tax, come hell or high water.

[cassandra and sara's daddy]

Why on earth do the liquor store regulators even need to be peace officers!?

they also bust stills and speakeasy's.  its wilder than a bar association dinner.  worse than a fraT party even

[De Selby]

they also bust stills and speakeasy's.  its wilder than a bar association dinner.  worse than a fraT party even

Yeah, I'm sure it is - but why should that be the case?  Busting a still should be a financial crime bust, not anything more. 

[cassandra and sara's daddy]

Yeah, I'm sure it is - but why should that be the case?  Busting a still should be a financial crime bust, not anything more. 

you might find some of those guys don't play well with others.  in the real world

[Tallpine]

The "crime" is more on the part of the store if they sold alcohol to a minor.

Has suspicion of misdemeanor MIP become grounds for a felony level apprehension  

The state Alcoholic Beverage Control agents sound like a bunch of mall ninjas to me