15yearold son on probation was taken out of aunts home was read his rights and made to take breath test ill.?

Question

my sons on probation for the first time in lagrange in. he was out with his 22yr cousin and 14yr old cousin and freinds. 22yr bought some beer .They then decided to go cruizing ended up at a party and got into a fight with some older kids who tried to detain all the minors .Busted out there winshield with beer bottles . Boys threaten them with a fake gun , then got away .Went home police came stormed in aunts house with guns threating kicking door open ,no warrant putting gun to sleeping boys head .They took my so outside made him take breath test then took him to the jail.Prob.officer came to police dept.violating his prob.Police and prob.question him before i could get there. the next thing i know there sending him to wood youth correctional facility and said there was nothing i could do about it .kept him there for three days came to court and prob.asked the judge to send him to muncie for testing and confine him till next court date .kept him there for to weeks were rights violat

my son was to go directly to his aunts with 22yr old cousin 14yr old cousin and freind they promissed me straight there 22yr decided to buy beer went cruizing 22yr took them to a party where he passed out some older guys was threating them and boys locked the doors to car .Older guys thru beer bottles into winshield forcing 14yr to drive car to get away boys tried threating with a fake gun to no prevail 14yr drove boysExscaping home when police showed up to aunts house busting open the door at gun point no warrant pointing gun at sleeping boys head drug kids outside forced breath test and never reading rights my son regestered 0.5 had one beer they took boys to jail where probtion and police question him and sent to wood youth for prob.violation said nothing i can do about it .brought back to court in 3 days where they decided to send him to muncie correction for a wk and testing detained him for 17days total before appearing back in court to rule weather he violated probation

Answer 1

A standard condition for a juvenile on probation in Indiana is that:
You shall not consume or use any alcohol or controlled substance unless prescribed to you by a licensed physician. You shall not associate with anyone believed to be involved in the use of alcohol or a controlled substance. Upon the request of any law enforcement or probation officer, you shall submit to a breathalyzer or chemical test within one hour.

We can go to the probationer's work, home, school, or any other place the probationer is at in order to perform the breathalyzer or urine drug screen.

Since your son was around the alcohol, he is in violation of his probation.

Another standard condition is that:
You shall not violate the law of the state of Indiana or any other jurisdiction.

By getting into the fight and breaking out the windshield, your son is in violation of his probation.

If you son went to his aunt's home, the police could have considered themselves to be in "hot pursuit" of your son, and were within their rights to enter the residence to get him. They don't need a warrant.

The first condition I listed above is the one that allows the police to give him the breathalyzer without your presence. Heck, if I wanted to, I could come to where ever your son is and require him to perform a breathalyzer or urine drug screen since I'm a licensed probation officer in Indiana.

Because he was arrested for a new offense or offenses (alcohol, fight, breaking windshield), and because he was also in violation of violating his probation, the probation officer was correct to detain him at a juvenile detention center. It was necessary under the need to protect him or to protect the community. You see, his getting into a fight and breaking a windshield showed that the community needed protection.

You don't get a say in the initial detention. When you went to Court with him, that was a detention hearing. At that hearing, the prosecutor had to show that there was legal cause for your son to be detained. Since your son was not released, the judge obviously felt there was just cause for the detention.

As for the 2 weeks at the Muncie Reception and Diagnostic Center, that's needed to do a thorough evaluation to figure out why your son (allegedly) committed the offenses of which he is accused. Unless the judge agreed, your son couldn't get sent there. If he's there, the judge agreed with the need for evaluation. If the judge agreed, his rights weren't violated.

I'm an officer in Indiana, and I've sent quite a few juveniles to Muncie for a 2 week evaluation. About 2 weeks after the juvenile is released from Muncie, the probation department gets the evaluation results. That information is essential to figure out how to best help the juvenile.

Your son was entitled to a public defender when he went to Court, but one is given unless one is requested by the juvenile and the family. In Indiana, as a juvenile, he's entitled to that attorney regardless of family income and assets.

In my opinion, the 22 year old cousin should get charged with contributing to the delinquency of a minor.

I'd give you an idea of what your son's possible terms of probation could be for the new offense, but I'd have to know more details and also have details of why he was on probation in the first place.

Answer 2

If your son is on probation, he likely does not have the right to refuse a Breathalyzer test. He also likely can be searched at any time for any reason. The police did NOTHING wrong here. You need to stop blaming someone else and blame your son for his poor choices. He was consuming alcohol as a minor (Minor Consumption), cruised with open bottles (violation of Open Bottle laws / Drinking and Driving / DUI), busted someone's windshield (Vandalism), was in a fight (Assault and Battery), threatened someone with a fake gun (Assault with a deadly weapon), violated his probation, and then resisted arrest. These are all SERIOUS crimes that need to be dealt with. Stop blaming someone else and take RESPONSIBILITY for correcting your son's poor behavior. If I am the judge, your son is spending at least the next three years (up to six in some states where you can be held until 21) of his life in juvenile detention.

Answer 3

If your son is on probation they can do random breath tests and also search his room pretty much whenever they want. It's a conditional of parole and the Supreme Court has said that people on parole have a lower expectation of privacy so it's not a violation of his rights.

It's sad to have your son away, but I'm afraid it happens all the time. Staying straight 100% of the time when someone is looking over your shoulder is really tough.

Answer 4

No they were not. First off you son was on probation which made him the responsibility of the probation officer. Second once on probation you have no rights except following the law.

Your son should of never been around people with alcohol or going to parties. He violated his probation by being around alcohol and possibly drugs.

Sorry to say, there is nothing you can do except pray he learns from this.

Answer 5

No the police weren't wrong. Your 15 year old is out partying with his buddies and drinking and gets a probation violation.... He deserved it and needs to be placed somewhere where he can re-think his behavior.

If someone doesn't get this kid under control, he is going to be a thug. Someone needs to make him see the consequences for his own bad behavior. Nothing does it better than a police officer dragging his butt out of bed and taking him to jail....then a good follow-up in a youth facility.

Stop making excuses for this little gansta-in-training.

Answer 6

When he is on probation they can check him anytime and anywhere. As he was at a party where they were drinking and a fight happened they had just cause to check him out.

Answer 7

What's the question? Also, it sounds like your son didn't learn his lesson the 1st time around.

Answer 8

You have a fine young man there. What does he want to grow up to be, a drug dealer or perhaps a pimp?.