my son is 17 and he and some of his friends were at the movie store and a cop pulled in and smelled alcohol and called for back up and gave them a breath test. is this legal? can he do this without telling his parents or letting them know something
2006-07-01 19:32:11 · 15 answers · asked by cindyphil2000 1 in Politics & Government ➔ Law Enforcement & Police
it depend on the state whether or not the parents must be contacted. no you're son did not have to submit to a Breathalyzer test. however they can ask. asking is not against the law so it would not be illegal but forcing them would.
2006-07-01 19:47:19 · answer #1 · answered by biggun4570 4 · 0⤊ 0⤋
I hope so! This would make them think twice before they do it again. If the parents want to know what is going on with their kids, then they should be with them so the Police don't have to waste time that could be better spent on more severe crimes. Public intoxication puts the child & the public in danger. The Police are doing you a favor by doing a breathalizer test. These kids don't know the dangers that await them around every corner from experienced criminals who prey on teenagers & apparently their parents don't realize it either! It's NOT just a Big City problem anymore, because these ex-cons are going to smaller towns where people seem be be wearing blinders over their eyes!
2006-07-01 19:50:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
They have reasonable cause to do it yes they can request it. And they have the right to refuse. And they have the right if he does to bring him in. The laws are there for a reason. Work an accident of a 17 year old drunk driver sometime. Then instead of criticizing them go down and THANK THEM for stopping him. It beats them having to call and tell you other news of a far more permanent nature. Be thankful they noticed and took action.
Always amazing to me when someone knowingly breaks the rules and gets busted doing so that it becomes the cop's fault.
2006-07-02 01:09:00 · answer #3 · answered by Jan H 5 · 0⤊ 0⤋
I was a District Court Clerk for 10 years. Yes, he was in a public place and smelled of alcohol. Not to mention underage drinking. Yes they can do this without the parents.
2006-07-01 19:52:20 · answer #4 · answered by Jan G 6 · 0⤊ 0⤋
if they were "obviously drunk" and being loud and or destructive then they can be cited for public intoxication. If they were simply walking and were not carrying open containers of alcohol, then you may have a case. It is not a crime to walk under the influence. The only thing I can think of that would be harmful is that they were under the legal drinking age.
2006-07-01 19:42:33 · answer #5 · answered by jc1129_us 2 · 0⤊ 0⤋
No, they don't have the right to force him to have a breathalizer test even if he were driving, let along in a movie store.
2006-07-01 19:35:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
yes it is called probable cause. when he stopped them he smelled alcohol and that was the probable cause for the test. Police were well with in their legal authority to give them the test.
2006-07-06 07:50:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes. You're supposed to obey the orders of cops, even if you're young, even if you're a woman, and yes, even if you're black.
I admit, I'd much rather have the problem of juvenile drinking and drug use running completely unchecked, but, what're you gonna do?
2006-07-01 19:41:57 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I am not sure if it is legal but i know you should not be drunk in public so if the cop saw them acting drunk or something about them made him think they were drunk then he could have stopped them. I am not in law enforcement but that's just my opinion.
2006-07-01 19:36:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes, it's called Reasonable suspicion.
2006-07-01 19:38:29 · answer #10 · answered by melissa 6 · 0⤊ 0⤋