police harassment???

[klb444]

What is the name of your state? Pennsylvania
I was called to a local police station recently to pick up my 17 year old son. When I entered the police station the officer told me and I quote, "Your son was drinking and driving tonight." I was irate and began to question my son as to whose car he had been driving, since I knew it was not a family vehicle. He proceeded to tell me that he was not driving or drinking. This conversation went back and forth for several minutes, when I turned to the officer and asked what the charges were. She proceeded to tell me that my son was detained alongside of a local store, given a breathealyzer which registered 0.0197 and was being charged with underage drinking. When I questioned why she had told me that he had been drinking and driving, when, in fact, he had not, her reply was that she wanted me to understand the seriousness of this crime. She then proceeded to tell me that she understood that my son was depressed and that I had taken him off of his anti-depressant medication (she specifically named the pill). My question, is this harassment and violation of my son's right to medical privacy, (HIPPA)? Also, as my son and I got into our vehicle my son did slam the car door and yell an obscenity in frustration at what had just transpired. Another officer aprroached our car with handcuffs, threatened to haul him off to "juvy", called him a "punk",and then yelled to me to get out of his town.
P.S. My minor son was questioned alone, was not advised that he did not have to answer any questions, or that he had the right to have his parents or lawyer present, and was not read his Miranda rights.

[BelizeBreeze]

All you know about the questioning and the detension was what your son told you. Based on his behavior when getting into the car I doubt he was truthful with you regarding the Miranda warning or the ability to call you to be here, since you were called.

The fact that he was given a breath test supports the police arresting him and parental permission for the test is NOT required.

You have no dog in this fight and your son has no grounds for anything but to get his act together before he ends up in jail or killing someone behind the wheel.

[CdwJava]

Originally Posted by klb444

She proceeded to tell me that my son was detained alongside of a local store, given a breathealyzer which registered 0.0197 and was being charged with underage drinking.

That's not high at all ... but I don't know of any breath devices that go out to 4 decimal places on a breath test. I'm curious what machine they used.

She then proceeded to tell me that she understood that my son was depressed and that I had taken him off of his anti-depressant medication (she specifically named the pill). My question, is this harassment and violation of my son's right to medical privacy, (HIPPA)?

Well, if the officer called the hospital and they gave him the information, then you might have a HIPAA claim against the hospital. But, I would venture to guess that your son volunteered this information to the officer - and that is NOT a HIPAA violation.

Also, as my son and I got into our vehicle my son did slam the car door and yell an obscenity in frustration at what had just transpired.

It could be that it was this kind of activity that attracted police attention in the first place.

Another officer aprroached our car with handcuffs, threatened to haul him off to "juvy", called him a "punk",and then yelled to me to get out of his town.

He certainly did something to piss them off. And that's never a good thing.

(Of course, I'd probably be yelling the same thing at my kid under similar circumstances, so the officer would have to wait in line.)

My minor son was questioned alone, was not advised that he did not have to answer any questions, or that he had the right to have his parents or lawyer present, and was not read his Miranda rights.

Not required.

Miranda requires both custody (as in an arrest) and interrogation. And if any statements he made after he was cuffed are used against him in court, his attorney can move to have those statements suppressed. However, chances are they don't need his admission to get a true finding (guilty) judgement against the boy for underage drinking.

- Carl

[klb444]

You don't seem to get it--my son was NOT behind any wheel of car, yet I was told that he was drinking and driving. And, the police officer also told me he was NOT read his Miranda rights. Awafully quick to accuse, aren't you???

[CdwJava]

Originally Posted by klb444

You don't seem to get it--my son was NOT behind any wheel of car, yet I was told that he was drinking and driving. And, the police officer also told me he was NOT read his Miranda rights. Awafully quick to accuse, aren't you???

Miranda was not required. Unlike TV, we don't have to read everyone their Miranda rights just because they were taken in to custody.

And I believe that PA has a law against people under 21 consuming alcohol. He tested positive for alcohol consumption. Therefore, he seems to be guilty of the offense.

EDIT: Your being told that he was drinking and driving is not legally relevant to the crimes he is charged with. If they are charging him with DUI, then there is an issue. If he was charged with a minor consuming alcohol, then that is the crime that will be an issue.

- Carl

[klb444]

My Son's Breathealyzer Test Results 0f 0.0197, In Case Anyone Does Not Know, Was So Low That It Could Have Resulted From The Fact That He Was Ill And Had Taken Cough Medicine. There Was Absolutely No Reason To Believe He Was Intoxincated Or Had Been Drinking. He Was Not Aproached For Any Reasons Of Profanity As Told To Me By Police. In Fact They Had No Legitimate Reason To Approach Him Other Than He Is Being Singled Out As The Son Of A High Profile Person In The Community. My Claim Is Supported By The Fact That Just Last Week Two Other Young People Who Fall Into This Same Category Were Also Arrested And Harassed Under False Pretenses. And Yes, After Experiencing This, My Son Did Feel Frustration And Showed It In An Inappropriate Way! But He Was Not Intoxincated And He Was Not Drinking And Driving, As I Was Told He Was By The Police. Is This Harassment, Yes Or No!!!

[BelizeBreeze]

Lady, you've been told twice it's not. Now go find someone who will tell you what you WANT to hear. We're done with you.

[CdwJava]

Originally Posted by klb444

My Son's Breathealyzer Test Results 0f 0.0197, In Case Anyone Does Not Know, Was So Low That It Could Have Resulted From The Fact That He Was Ill And Had Taken Cough Medicine. There Was Absolutely No Reason To Believe He Was Intoxincated Or Had Been Drinking. He Was Not Aproached For Any Reasons Of Profanity As Told To Me By Police. In Fact They Had No Legitimate Reason To Approach Him Other Than He Is Being Singled Out As The Son Of A High Profile Person In The Community. My Claim Is Supported By The Fact That Just Last Week Two Other Young People Who Fall Into This Same Category Were Also Arrested And Harassed Under False Pretenses. And Yes, After Experiencing This, My Son Did Feel Frustration And Showed It In An Inappropriate Way! But He Was Not Intoxincated And He Was Not Drinking And Driving, As I Was Told He Was By The Police. Is This Harassment, Yes Or No!!!

Police can contact anyone they wish. They can only detain with reasonable cause (which can be minimal), but they can talk to anyone they choose to just as you and I can.

The only way you can successfully claim that this was harassment would be to show that the ONLY reason these kids were contacted was due to their status in the community. And even then, you would likely have to show that there was some malicious intent on the part of the officers involved. They may know him because of you, but that - by itself - is certainly not sufficient to justify any claim of police harassment.

And why would your being "high profile" result in the police wanting to deal with your son? I live and work in a small community and the children of well known and influential people here sometimes get in trouble, too. In fact, some more than others because they tend to run their mouths or are used to getting away with crap because of who their parents are. I don't know if that's this case or not, but all because they are related to someone who is "high profile" (whatever that means) does not mean that they are treated any differently than others.

As for what the police told you, again, what you were told by the police is irrelevant to the charges. His presence in a public place with a positive BAC is sufficient for the offense of underage consumption.

And it was almost certainly NOT the cough medicine that resulted in the positive BAC ... to register at a nearly .02 BAC he would have had to have chugged about 6 ounces of Nyquil (that's more than HALF A BOTTLE) within less than an hour of being tested ... unless he is really small, in which case a little less would have done it.

- Carl

[klb444]

Originally Posted by BelizeBreeze

Lady, you've been told twice it's not. Now go find someone who will tell you what you WANT to hear. We're done with you.

What makes you think I'm a lady? I'll let you know how this case pans out, SIR.

[Sista2]

[url]www.angelfire.com/id2/BadCop[/url] = This site is absolutely great, they helped me when the police were harassing my 16 year old son. I had a hard time even getting a lawyer to listen to what I had to say, most lawyers just aren't willing to go up against the same officers they often have to make deals with in court. But [url]www.angelfire.com/id2/BadCop[/url] takes it head on and investigates and supplys a full report on their findings including laws and information to your personal case. It's a great site, check it out.

[url]www.angelfire.com/id2/BadCop[/url]

You have the RIGHT to Fight BACK against POLICE HARASSMENT.

[BelizeBreeze]

Originally Posted by klb444

What makes you think I'm a lady? I'll let you know how this case pans out, SIR.

And be sure to come back and let us know the age of the person he kills in a year or two because you didn't read him the riot act for drinking and he assumes it's fine because daddy will come to his rescue.

[CdwJava]

Originally Posted by Sista2

You have the RIGHT to Fight BACK against POLICE HARASSMENT.

I'm thinking that this is crass and blatant commercialism as it prmotes a site that solicits money for no real service - certainly not a legal one.

Isn't that against the site rules? Hijacking a thread to promote a web site with a commercial bent three times in one post!

But, that's just my opinion ...

- Carl

[Bravo8]

Can I fight back against police harassment too? This stinking police department in Pennsylvania keeps harassing me - expecting me to show up to work and actually do my job when there. It's blatant harassment, I tell ya!