Contributing to the delinquency of a minor charge dismissed by pretrial motion to Dismiss for Lack of Probable Cause to arrest.

A pick-up truck was stopped for a traffic violation.  Several people including the client and one seventeen year old were present in the pickup truck.  All had been drinking except our client the driver. There were two open beer cans almost full in the vehicle as well as a cooler in the bed of the truck also containing beer.  No one admitted where they obtained the beer or when they had drank it.  Our client admitted that the beer in the cooler was his.

We argued that the state's complaint was insufficient as a matter of law. Just because the beer in the cooler was the same brand as the open beer in the passenger compartment, it was not conclusive as to where the beer came from.  Contributing to the delinquency of a minor requires a person who by any act, causes, encourages or contributes to the delinquency of a child.  Act is defined as “a bodily movement.”  No act or encouragement by client was demonstrated by the state, therefore the state failed to allege facts sufficient to establish probable cause to arrest.  The court agreed and dismissed the case.