Minors, You Are What You Drink!: Arkansas's New Spin on Minors in ...

996 ARKANSAS LAW REVIEW [Vol. 65:977
protection from unreasonable searches and seizures. 120 The
court reasoned that none of the exceptions to the warrant
requirement applied to the facts of the case, and, thus,
unless consent is voluntarily given, an officer must obtain a
warrant before administering a preliminary breathalyzer
test to a minor. 121 The recent decision in Michigan
implicates an issue that may occur as a result of Arkansas’s
new law. Because Act 1152 provides no guidance on
enforcement, the statute may raise constitutional concerns.
C. Exceptions
Arkansas’s minor-in-possession law is unique in that it
does not provide any statutory exceptions. All of the states
that have enacted internal-possession statutes have given
consideration to the fact that some instances of alcohol
consumption by a minor may not reflect the stigma of a
criminal act. 122 For example, some states provide an
exception to their minor-in-possession laws when a family
member gives consent or is present with the minor. 123
Other exceptions include: (1) minor students who taste
intoxicating liquors as a part of a curriculum; (2) possession
or consumption occurring on private property; and (3)
consumption or possession occurring pursuant to a religious
ceremony. 124 Whether these particular exceptions are
allowed for minors in Arkansas should be articulated in
statute.
Another helpful addition to Arkansas’s minor-inpossession
statute would be to require that the minor had
knowledge of bodily possession. In some states, a minor in
possession of alcohol is a strict liability offense, meaning
there is no required culpable state of mind. 125 Basically,
minors could be charged with being in possession regardless
of whether they actually knew they were in possession.
However, other states, like South Carolina, allow a minor
to raise the defense that the minor had no knowledge of
120. Id. at 857.
121. Id. at 856-57.
122. See Underage <strong>Drink</strong>ing, supra note 6.
123. See, e.g., COLO. REV. STAT. ANN. § 18-13-122 (West 2012).
124. See, e.g., COLO. REV. STAT. ANN. § 18-13-122.
125. See Campbell, supra note 18, at 1060.