illegally arrested

[sarathegood]

What is the name of your state? California
On new years eve me and my boyfriend rented a hotel 2 miles walking from the bars. We were walking back at about 1:30 in the morning. we were in the parking lot to our hotel when a University campus police officer entered the lot. We were not being loud or disruptive and were confused as to what was going on. He got out of his car and told my boyfriend that he needed to talk to him. My boyfriend cooperated and sat down when the officer told him that he recieved a call of someone falling in the street. My boyfriend fell in a bush about a mile up and told him this, but not into the street We told him we were staying at this hotel. he then asked my boyfriend to empty his pockets and put his hands behind his back at which point he arrested him. The officer never read him his rights, nor was my boyfriend ever given a breathalyzer test, nor told what he was being arrested for. When they took him to county jail they then told him he was getting a drunk in public, not before. The whole night he was still never read his rights nor never given a breathalyzer. Is it illegal to arrest him without reading him his rights, can they give him a drunk in public without a breathalyzer test to prove he was actually drinking?

[Jenni_Pooh2]

I do know that they are not required to "read them their rights" when the person is intoxicated. As far as the breathalizer test, I'm not sure. But I believe that if he is obviously intoxicated (smell, actions, etc) that it is not necessary for a drunk in public charge. Drunk in public is just that, the .08 doesn't apply unless he is driving. Next time take a cab to the hotel.

[racer72]

The officer never read him his rights,

For the 1,358th time, you have been watching way too much TV. Miranda rights are only required to be read prior to questioning. If there was no questioning, the Miranda rights are not required.

nor was my boyfriend ever given a breathalyzer test

Breathalizer tests are only required to prove a level of intoxication, not that a person is drunk. The statute your BF was cited under does not require level of intoxication proof.

Is it illegal to arrest him without reading him his rights, can they give him a drunk in public without a breathalyzer test to prove he was actually drinking?

No it is not.

[rmet4nzkx]

Yeee Gads 2 miles is one hellofalongway to walk when you are drunk, what were you thinking wandering so far from the hotel, didn't they have anything happening for NYE? Hopefully your boyfriend is at least 21. Yes, take a cab in the future or better yet don't drink.

[CdwJava]

Ditto what Racer72 said. PC 647(f) - Public Intoxication, does not require a chemical test, only that the person is intoxicated and thus unable to care for his own safety or the safety of others. This is demonstrated by the objective symptoms of intoxication and by the actions of the subject.

It is also very rarely prosecuted and the subject is generally released per PC 849(b) without being charged (i.e. it is a detention only).

- Carl