I received an underage citation, but I question the officer's methods

[LeeHarveyBlotto]

Dumb, slightly off-topic question. Where I am, under some circumstances (but not based on the fact pattern here), a person refusing to blow may be forced to have blood drawn against his will. Is it physically possible to force someone to blow into one of these devices to get a usable reading?

 

[davew128]

Once they were able to wake him, the apparent medical emergency resolved itself.

At which point they should have shown themselves out the door. I mean its not like you would EXPECT someone to be sleeping in their bed at 1am or anything.

 

[Zigner]

At which point they should have shown themselves out the door. I mean its not like you would EXPECT someone to be sleeping in their bed at 1am or anything.

Oh, I'm sure he showed signs of intoxication. The most obvious being smell, and then going from there.

Dave, if you're playing Devil's Advocate, then say so. If not, then you really should stop arguing just for the sake of arguing.

 

[davew128]

I'm not playing devil's advocate, I truly believe the cops had no business remaining there in the kid's room when he woke up.

 

[Just Blue]

I'm not playing devil's advocate, I truly believe the cops had no business remaining there in the kid's room when he woke up.

.115

 

[davew128]

.115

And I'll raise you one 4th Amendment.

 

[Zigner]

I'm not playing devil's advocate, I truly believe the cops had no business remaining there in the kid's room when he woke up.

He was underaged and stank to high heaven of booze...not to mention his slurred speech and uncoordinated movements. I get what you're saying, but I don't think you truly appreciate how a kid with a .115 BAC appears and acts.

 

[FlyingRon]

I do not approve of your methods

http://i.ytimg.com/vi/gAM2Q7Sqlbk/maxresdefault.jpg

 

[davew128]

He was underaged and stank to high heaven of booze...not to mention his slurred speech and uncoordinated movements. I get what you're saying, but I don't think you truly appreciate how a kid with a .115 BAC appears and acts.

Up until the point where they started evaluating his sobriety HE WAS SLEEPING.

 

[Ladyback1]

Up until the point where they started evaluating his sobriety HE WAS SLEEPING.

With the BAC he had? He was passed out--big difference.

 

[davew128]

With the BAC he had? He was passed out--big difference.

That changes things...how? Officers respond to possible noise complaint. Enter home. Open door to bedroom and see someone sleeping/passed out....and that justifies going through his wallet, waking him, and "asking him" to take a breath test? Or does anyone want to try the medical emergency BS, er "justification" again? Apparently the other seniors here think the fact the kid was drunk trumps any and all constitutional rights to privacy he has sleeping in his own bed by himself.

 

[CdwJava]

I don't know what the facts are - none of us do. The police may have had all the reason in the world to make entry and contact the kid. They may have overstepped. We do not know and we can manipulate "facts" to create whatever scenario we choose to support a yay or nay on their entry and testing of the kid. At this point his ONLY course of action for junior is to speak with a defense attorney who can seek reports and evidence through discovery and make a decision based upon ALL the facts and not half of them and a lot of supposition. Oh, and his other course of action might be to stop holding ragers and grow up.