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?