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  1. #1
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    Jan 2011
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    Default Juvenile Breathalyzer Rights

    My question involves police conduct in the State of: CO

    My brother was home when the police received a noise complaint form our house. When they arrived they came to the door and knocked, my brother answered and they stated they had a noise complaint. He stated that he had a few friends over and were playing video games and was not sure why a noise complaint was filled. They had been in a basement room, with the door closed. The officer stated that it didn't seem to be noisy. The officer then asked if he had had anything to drink that night. He said no and the officer said that she smelled alcohol coming from the house. He stated he didn't know why. The officer continued to push whether he had been drinking. He continued to deny it. The officer asked his age which was 17 and said that he had no choice but take a field breath test. He said he would not consent to a field breath test. He said if he were to take a breathalyzer he would have to go to the station and take a blood alcohol test there. The officer told him he didn't have that choice, that he must take a field test. After my brother was told this he admitted to having 2 beers, as he realized that they would discover he had been drinking as they were going to require him to take a breath test at his residence. They then called my parents and informed them of the situation. My father said that the police could not give him a field breath test. They told him that they had the right to do so, even without him giving permission to do so. They then made my brother leave our home and sit in the back of the police car till i arrived to sign the minor in consumption ticket and release my brother too me, as i am 19. He sat in the back of the cop car for 20 minutes. While my brother was talking on the phone to my parents, the officer was not liking what my brother was telling my parents and threatened to take my brother to the police station if he did not stop telling my dad things the officer did not agree with. Was it legal to refuse him the right to take a blood alcohol test at the police station? Was it legal for them to remove my brother from his home and keep him in the cop car? and was it legal for them to threaten him the removal of his right to speak to his parents while he was being interview by the police for not agreeing with what he was stating?

    also, my brother just told me that on of the officers who showed up to the call had a teenager who was riding along. I assume this was most likely a Scout Explorer, but my brother said that he didn't have a uniform or badge on. He was wearing a sweat shirt and jeans. He was given the officers keys to retrieve the field breathalyzer from the car. Is it legal for a ride along who dose not have uniform or badge to be on my parents property with the police?

  2. #2
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    Default Re: Juvenile Breathalyzer Rights

    Your brother is how old? Did he take the breath test or not? Was he cited with an offense or not? If so, what offense (statute number)? Where did this occur - your apartment?

    The presence of somebody in civilian clothing is irrelevant to the charge against your brother and, as nobody asked him to leave, there was nothing improper about his presence on the property.

  3. #3
    Join Date
    Jan 2011
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    Default Re: Juvenile Breathalyzer Rights

    Quote Quoting Mr. Knowitall
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    Your brother is how old? Did he take the breath test or not? Was he cited with an offense or not? If so, what offense (statute number)? Where did this occur - your apartment?

    The presence of somebody in civilian clothing is irrelevant to the charge against your brother and, as nobody asked him to leave, there was nothing improper about his presence on the property.
    My brother is 17. He did not take a breath test. But the fact remains he was told that he had to take one; that he had no choice. That is why he admitted to have been drinking. He was cited for 18-13-22202 minor in consumption of alcohol. This occurred at our town house. The civilian was not asked to leave as my brother did not wan to push his luck with the officer who had threatened to take him to the station for explaining the citation to my dad. But as he was a civilian, and had no badge was it legal for him to retrieve the breathalyzer for the officer, as there is no way of knowing whether he tampered with the unit. Also as you enter the private drive to the subdivision, it states to trespassing. So if he was not a police officer is that considered trespassing?

    and can the police enter your property if there is a noise complaint if there is no noise audible from the property line, and the house is dark?

  4. #4
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    Default Re: Juvenile Breathalyzer Rights

    As your brother refused testing, the issue of testing is moot. As he confessed to consuming alcohol and, in the officer's impression, smelled of alcohol, the charge seems founded.

    When you say "our town house" I have no way of knowing who you are talking about. Are you talking about a place you rent with some buddies? Your parents' home? You make it sound like your parents were not present and no adult relative was present until you showed up - is that the case? The police don't have to let a suspect chat away on a cell phone while they're trying to perform their duties.

  5. #5
    Join Date
    Jan 2011
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    Default Re: Juvenile Breathalyzer Rights

    the town house my parents own. The police had to enter thought a gate that marks the property line.

    But the fact remains they my officer stated that just because he was under 18 he had to take a field breath test. had my dad trusted that and said well i guess they have the right. My brother would have received the breath test. Only after over an hour of back and forth between my brother, my dad, and the officers, did they start to write the ticket. My brother only confessed because he thought he had no choice but to take the field sobriety test, and felt that admitting would help the situation. And as a minor you have the right to speak with a parent or guardian while being interviewed by the police. If they are not present in person, then they can use a telephone to ensure your rights and your parents wishes are expressed. The police also asked him if they could come inside. As he stated he was 17, he obviously could not own the property so he could also not give consent for them to enter.

  6. #6
    Join Date
    Jan 2006
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    Default Re: Juvenile Breathalyzer Rights

    And as a minor you have the right to speak with a parent or guardian while being interviewed by the police.
    you are going to have to cite the law supporting that one.

    and yes, he could have given consent to enter the home. It's not who owns it but who has control at the moment.

    Oh, and to this:
    he town house my parents own. The police had to enter thought a gate that marks the property line.
    they were responding to a complaint.


    and to help you out with the law you thought required a parent to be present for any questioning, here is a statute you will want to read. 19-2-511.

    and read it closely. Terms like "custodial interrogation" and what happens if a parent is not involved in the case of a custodial interrogation.

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