Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Oct 2008
    Posts
    6

    Default Intoxicated at a School Event

    My question involves criminal law for the state of: Texas


    The dance team at my high school has male escorts who ride with them to football games and help carry things. Last week at a football game, the escorts were drunk before they arrived. After the game, while on the school bus that was about to leave from the football stadium back to the school, one of the dancers told the dance coach about the escorts. The dance coach contacted a police officer, who gave all of the boys a field test. All of them were found to be intoxicated, they were kicked off all of their school clubs and sentenced to 30 school days at our "opportunity center". It's basically our school districts school for the kids who get in trouble and still have to attend school. It's kind of like a jail, apparently.

    I know it's too late for most of them to try to get out of it, but I'm wondering what would have happened if they did not consent to the field tests. If the dancer tells on them, does that give police probable cause to give them the test? None of the boys had any alcohol on them at the time, and none of them had been acting different.

    Thank you.

  2. #2
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
    Posts
    1,211

    Default Re: Intoxicated at a School Event

    Quote Quoting drew ott
    View Post
    My question involves criminal law for the state of: Texas


    Last week at a football game, the escorts were drunk before they arrived. After the game, while on the school bus that was about to leave from the football stadium back to the school, one of the dancers told the dance coach about the escorts.
    How does said dancer know they were drunk if they weren't acting differently?

    The dance coach contacted a police officer, who gave all of the boys a field test. All of them were found to be intoxicated, they were kicked off all of their school clubs and sentenced to 30 school days at our "opportunity center". It's basically our school districts school for the kids who get in trouble and still have to attend school. It's kind of like a jail, apparently.
    Apparently? Isn't just an alternative school for discipline challenged children?

    Was the determination of intoxication based on field sobriety test (like counting, walking a line, following a pen with the eye, standing on one foot) or on a portable breath test?

    I know it's too late for most of them to try to get out of it, but I'm wondering what would have happened if they did not consent to the field tests. If the dancer tells on them, does that give police probable cause to give them the test? None of the boys had any alcohol on them at the time, and none of them had been acting different.
    The officer could have arrested them if he had probable cause to believe they were drunk in public, a minor in possession of booze. He can still do that up to a year after the time the crime was committed. Was this offer to attend the alternative school made in lieu of arresting them?

  3. #3
    Join Date
    Oct 2008
    Posts
    6

    Default Re: Intoxicated at a School Event

    Quote Quoting ashman165
    View Post
    How does said dancer know they were drunk if they weren't acting differently?



    Apparently? Isn't just an alternative school for discipline challenged children?

    Was the determination of intoxication based on field sobriety test (like counting, walking a line, following a pen with the eye, standing on one foot) or on a portable breath test?



    The officer could have arrested them if he had probable cause to believe they were drunk in public, a minor in possession of booze. He can still do that up to a year after the time the crime was committed. Was this offer to attend the alternative school made in lieu of arresting them?

    -She heard. I'm not positive to be honest. I imagine the word just got around to all of the dancers.

    -I've never been there. It is the school for the kids who need discipline but I hear it's sort of like a jail when you're there. This had nothing to do with the police officer though. Once the cop confirmed that they were drunk, the school sent all of them to this place.

    -It was based on shining a flashlight in each of their eyes.

    -I'm wondering if this "tattling" gives the officer probable cause. I'm aware that with probable cause the officer can do what they want. I am trying to figure out what exactly gives the officer probable cause.

  4. #4
    Join Date
    Oct 2008
    Posts
    6

    Default Re: Intoxicated at a School Event

    Thanks for the quick response, by the way.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Intoxicated at a School Event

    An eye witness report of an illegal act is certainly probable cause.

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Intoxicated at a School Event

    Quote Quoting drew ott
    View Post

    -I'm wondering if this "tattling" gives the officer probable cause. I'm aware that with probable cause the officer can do what they want. I am trying to figure out what exactly gives the officer probable cause.

    Initially they were detained as suspected of being drunk, this does not require probable cause. This "seizure" was NOT unreasonable.

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Intoxicated at a School Event

    Quote Quoting drew ott
    View Post
    I know it's too late for most of them to try to get out of it, but I'm wondering what would have happened if they did not consent to the field tests. If the dancer tells on them, does that give police probable cause to give them the test? None of the boys had any alcohol on them at the time, and none of them had been acting different.

    Thank you.
    Unless you are detained when operating a car, under an implied consent law, IF the boys were innocent, and they knew it, they could refuse tests. IF the boys had NOT been drinking and showed no outward signs of such, then for probable cause to exist for an arrest, the officer must show there was such stupor, despite a denial.

    Even if defacto guilty, they could most probably refuse tests.

  8. #8
    Join Date
    Oct 2008
    Posts
    6

    Default Re: Intoxicated at a School Event

    Quote Quoting BOR
    View Post
    Unless you are detained when operating a car, under an implied consent law, IF the boys were innocent, and they knew it, they could refuse tests. IF the boys had NOT been drinking and showed no outward signs of such, then for probable cause to exist for an arrest, the officer must show there was such stupor, despite a denial.

    Even if defacto guilty, they could most probably refuse tests.
    I'm a little bit confused. You said in the post before that the search was not unreasonable... but they could have refused tests?

    Let's say hypothetically none of them were drinking at all, and one of the dancers was making it up to try to get them in trouble. Would the cop still have probable cause to do a field test just because they heard?

  9. #9
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Intoxicated at a School Event

    Quote Quoting drew ott
    View Post
    I'm a little bit confused. You said in the post before that the search was not unreasonable... but they could have refused tests?
    No, I said the initial detainment, or seizure, was not unreasonable, it was basically an investigative detention at first. A stop can be based on probable cause, but need not be. There was no reason to doubt the veracity of the dance coaches allegations.


    Let's say hypothetically none of them were drinking at all, and one of the dancers was making it up to try to get them in trouble. Would the cop still have probable cause to do a field test just because they heard?


    Let's assume for the sake of facts, the officer after the intial detention and asking a few questions, knew darn well the charge was unfounded. He can still ask for them to take tests, this is probably permissable, as this would be a "de minimis intrusion" of liberty. IF they refused and he kept inisisting, then it rises to an UNreasonable seizure.

    IF he saw signs of intoxication, he can also ask to conduct tests, as it is thier best interest to clear thier name on the scene, but still can refuse. As I pointed out, I have never heard of implied consent laws for pedestrians.

  10. #10
    Join Date
    Oct 2008
    Posts
    6

    Default Re: Intoxicated at a School Event

    Quote Quoting BOR
    View Post
    Let's assume for the sake of facts, the officer after the intial detention and asking a few questions, knew darn well the charge was unfounded. He can still ask for them to take tests, this is probably permissable, as this would be a "de minimis intrusion" of liberty. IF they refused and he kept inisisting, then it rises to an UNreasonable seizure.

    IF he saw signs of intoxication, he can also ask to conduct tests, as it is thier best interest to clear thier name on the scene, but still can refuse. As I pointed out, I have never heard of implied consent laws for pedestrians.
    So an officer doesn't need probable cause to do tests like shining a light in their eyes, but they do need evidence from that to conduct a breathalyzer test?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. What Can Be Done if My Child's Father Comes to a School Function or Sports Event
    By mamarabbit15 in forum Child Custody, Support and Visitation
    Replies: 20
    Last Post: 04-25-2011, 04:26 PM
  2. Minor in Possession: MIP at a High School Event
    By keene in forum Criminal Charges
    Replies: 1
    Last Post: 09-10-2010, 05:53 AM
  3. Manslaughter: Intoxicated Manslaughter
    By OwnedbyTx in forum Criminal Charges
    Replies: 7
    Last Post: 12-01-2009, 12:11 AM
  4. Other Injuries: Visually Impaired Child Hurt at a School Event
    By jul496 in forum Accidents and Injuries
    Replies: 4
    Last Post: 10-03-2007, 05:37 PM
  5. Probation and Parole: Boating While Intoxicated
    By mooch2007 in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 08-28-2007, 06:45 AM
 
 
Sponsored Links

Legal Help, Information and Resources