Cops let my buddy go, then hunted him down again and made him blow a breathalyzer?

[LaneSutt]

I'm in Kansas. A couple of my friends (both 20) were walking home from a party last night and the cops stopped them. Asked them to put their hands up for some reason, even though neither of them looked suspicious or had any kind of weapon. When they did so, one of my friends had a bottle of Big Dog in his sleeve, and when he put his hands up it slipped down and fell out of his hoodie. So, they took their IDs and wrote them tickets for MICs, and let them go.

A few minutes later the cops hunted them back down and made them blow a breathalyzer. Is that allowed? And what was the point?

They were also on college campus when the cops hunted them back down.

I realize that either way, they were drunk, and got caught; but can the cops just track them down like that?

 

[HighwayMan]

Sure they can. Why wouldn't they be allowed to?

They looked for them and found them. I guess they wanted to cement the case against your friends.

 

[quincy]

I'm in Kansas. A couple of my friends (both 20) were walking home from a party last night and the cops stopped them. Asked them to put their hands up for some reason, even though neither of them looked suspicious or had any kind of weapon. When they did so, one of my friends had a bottle of Big Dog in his sleeve, and when he put his hands up it slipped down and fell out of his hoodie. So, they took their IDs and wrote them tickets for MICs, and let them go.

A few minutes later the cops hunted them back down and made them blow a breathalyzer. Is that allowed? And what was the point?

They were also on college campus when the cops hunted them back down.

I realize that either way, they were drunk, and got caught; but can the cops just track them down like that?

Did your friends consent to the breathalyzer once the police "hunted them back down?"

Pedestrians should not be stopped and asked to take a breathlalyzer test. If the friends were in possession of alcohol, however, they could legitimately be charged with a minor in possession (and an MIP is charged the same as an MIC).

There was a recent Kansas Supreme Court decision on breathalyzers ... but I haven't read it yet. Once I do, I perhaps can add more.

edit to add:

Here is a link to the Kansas case and opinion, which concentrates on breath tests in drunk driving stops, but discusses warrantless searches and the Fourth Amendment:
http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2016/20160226/111698.pdf

The US Supreme Court consolidated three similar cases, also recently, which contradicts the Kansas Supreme Court opinion on breath test refusals. The US Supreme Court said: "Because the impact of breath tests on privacy is slight, and the need for BAC testing is great, the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving." Here is a link to the Court Opinion in Birchfield v. North Dakota: https://www.supremecourt.gov/opinions/15pdf/14-1468_8n59.pdf

Again, though, these were drunk driving arrests and not pedestrian breath tests.

Michigan found warrantless breath tests for pedestrians unconstitutional without consent of the pedestrian.

 

[CdwJava]

I'm in Kansas. A couple of my friends (both 20) were walking home from a party last night and the cops stopped them. Asked them to put their hands up for some reason, even though neither of them looked suspicious or had any kind of weapon.

It is rare that people walk along with weapons in their hands. When the police stop someone they frequently ask them to keep their hands up or away from their body to prevent them from going for any weapons. When it's cold out, and people where bulky clothing, this is all the more important.

And YOU don't know who is "suspicious" to the cops, and they don't know who might have a weapon. Until you have had someone pull a gun out of you seemingly out of nowehere, you may not quite get it.

When they did so, one of my friends had a bottle of Big Dog in his sleeve, and when he put his hands up it slipped down and fell out of his hoodie. So, they took their IDs and wrote them tickets for MICs, and let them go.

Ok. Dumb move to be underage and having alcohol. But, not a big thing in the scheme of things.

A few minutes later the cops hunted them back down and made them blow a breathalyzer. Is that allowed? And what was the point?

I suppose they wanted to get more evidence to see if they had consumed as well as possessed the alcohol. Your friends' can ask their attorneys if there is any grounds for suppression of any breath evidence. But, if the cite also covers possession and NOT simply CONSUMPTION (which most of them do), then it's a moot point.

What statute (code section) were they cited for violating?

 

[quincy]

... A couple of my friends (both 20) were walking home from a party last night and the cops stopped them ...

You might want to tell you friends that they would be smart to consult with an attorney in their area for assistance in court.

Here is a link to the Kansas State Bar Association that they can use to find a local attorney. If they are students, their college campus could potentially have a legal aid clinic with attorneys available to them: http://www.ksbar.org/

And here is a link to the relevant laws, current through the end of the 2016 legislative session (see 41-727): http://www.kscoplaw.com/KSAs/Ch41Art7.htm