Poll: Does Drinking Law Infringe on Citizens' Rights?

Since Kinnelon's began meeting this month, Committee Member Lila Helu has repeated her opinion that she feels , which would allow police to arrest and charge underage individuals found drinking on private property, may infringe upon a property owner's rights.

But when asked why she feels that way, Helu has not been specific, stating only that she feels that when a police officer has the ability to enter a person's property even with probable cause, that right has been abolished.

Lt. John Schwartz has told Helu and other committee members that police already have the right to enter property with probable cause, but not without it. The ordinance, he said, would not in any way change property owners' constitutional rights.

"You cannot make a law that doesn't abide by the U.S. Constitution," Schwartz said at the committee's Jan. 9 meeting.

Still, Helu disagreed. Helu said Monday night she is not concerned with the current Kinnelon police officers, but that new officers may operate in a different manner.

"[Police officers] have a different mentality of what they're allowed to do, and then, once you change things, they can take the Constitution away even. They know how to do it," she said.

Helu also said she feels the parents should be more involved when it comes to underage drinking.

"To arrest the kid is, to me, already a violation to the mother and the father because it's their kid," she said.

Committee Member Mark Gaw disputed Helu's remarks and said that the ordinance will not change the property owners' rights.

"Does this get police on to your property a little bit easier? Yes, perhaps, but not without cause," he said.

Sid Gautama, a borough resident who commented on the issue after reading about it on Patch's Facebook page, said the issue is not only a violation of rights, but "un-American."

"To think that a 20-year-old man is old enough to die for his country, but cannot have a glass of wine with dinner in his own home without depending on the goodwill of the police? This is just not right," Gautama said.

Committee Member Nick Zichello said, at times, state statute is even stronger than federal law and that Helu should not be worried that property rights would be taken away with the ordinance.

"People in New Jersey have much more protection under the fourth amendment than a lot of other citizens throughout the country," he said.

What do you think? Does the ordinance infringe on property owners' rights? Participate in our poll and then share your thoughts in the comments.