When do police officers have the right to breathalize you / search you?

[mdb0790]

What is the name of your state (only U.S. law)?
I live in Pennsylvania and go to a college that abides by the dry campus rule. Several times I have had friends walking across campus late at night and have been stopped by policemen (they might have been campus police) and were forced to do the tests to see if they had consumed alcohol, along with a breathalizer. None of them had any alcohol, and were only quietly walking across campus (the one was actually skipping).

When is a cop allowed to stop you and check to see if you have consumed alcohol? Do they have the right to do that, even if you aren't displaying any disturbance to the public? If they don't, can you refuse to do anything they tell you to?

Also, do they have the right to search your person? For example if I was carrying a bookbag could they just search it without probable cause?

 

[CdwJava]

You ask a very broad question that is not easily answerable. What constitutes a lawful detention or probable cause to search depends upon the specific facts at the time of the contact or search.

In general an officer can make a consensual contact any time he wants to. If John Q. Public could go up and talk to you, so can the officer. To detain you, the officer needs articulable, reasonable suspicion to believe that criminal activity is afoot - this can be VERY minimal. Walking through the campus after hours might be sufficient in some circumstances. To conduct a search of a person or their belongings without that person's consent requires articulable probable cause. Probable cause is a higher standard than reasonable suspicion, but is till not all that high.

Without knowing all the circumstances, no one can with certainty before a situation happens whether a detention or a search might be lawful. About the only thing you can do is ask the officer if you are free to go, and advise him or her that you do not consent to a search. Never fight with the officer, just make sure that you are told you are being detained or arrested, and that they know you do not give consent for a search. In many states resisting even an unlawful arrest is a crime, so don't even think about resisting a detention or a search. The place to challenge these issues is the court room.

 

[justalayman]

Rather than this being a violation of your rights, I suggest you read the rules in place for the school. You may have consented to such demands when you registered for school there.

If this was campus property, you might have consented to such demands simply by entering the campus if properly notified. The fact you are not sure if it was campus police or public officers could be a very important factor in this as well.

 

[HighwayMan]

If I saw someone "skipping" across campus late at night the thought that they were intoxicated certainly would cross my mind!

 

[dave33]

With respect and not intending to incite angry responses. I believe they can do this whenever they want to. They give themselves the "right" in many,many ways.

 

[HighwayMan]

Oh boy, here we go again.

 

[CdwJava]

With respect and not intending to incite angry responses. I believe they can do this whenever they want to. They give themselves the "right" in many,many ways.

Actually, Dave, it is state law and the US Constitution that give the police the lawful ability (not the "right") to affect a detention. The police are unable to grant that lawful capability to themselves.

 

[dave33]

Carl, Again with all due respect,I believe the police grant themselves that "lawful capability" in many ways. Regardlessw of the reason why,if you refuse in most instances, they will search anyway. It may be worded as "lawful capability", but I think "right" would be the more popular vesion when indeed it has happened to you w /out consent.But fine "lawful capability" it is.

 

[justalayman]

Carl, Again with all due respect,I believe the police grant themselves that "lawful capability" in many ways. Regardlessw of the reason why,if you refuse in most instances, they will search anyway. It may be worded as "lawful capability", but I think "right" would be the more popular vesion when indeed it has happened to you w /out consent.But fine "lawful capability" it is.

but them simply taking the action does not mean it is legally allowable. That is why Carl stated:

About the only thing you can do is ask the officer if you are free to go, and advise him or her that you do not consent to a search. Never fight with the officer, just make sure that you are told you are being detained or arrested, and that they know you do not give consent for a search. In many states resisting even an unlawful arrest is a crime, so don't even think about resisting a detention or a search. The place to challenge these issues is the court room.

 

[CdwJava]

Carl, Again with all due respect,I believe the police grant themselves that "lawful capability" in many ways. Regardlessw of the reason why,if you refuse in most instances, they will search anyway. It may be worded as "lawful capability", but I think "right" would be the more popular vesion when indeed it has happened to you w /out consent.But fine "lawful capability" it is.

If the officer violates the law, then it is hardly "lawful."

As I stated, it is the state and federal legislature, the US Constitution, and the courts that grant law enforcement the ability to lawfully undertake such actions. If an officer acts outside the scope of these authorities, he or she is not acting within the law. No one can effectively prevent ANYONE from breaking out of the confines of the law.

The officers do not give themselves the lawful authority. They either follow it or fail to adhere to it (intentionally or inadvertently) but they do not give themselves the authority.

And the place to aggressively challenge that unlawful assertion of authority is NOT in the field, but in the courtroom.

 

[RR Rodriguez]

If the officer violates the law, then it is hardly "lawful."


And the place to aggressively challenge that unlawful assertion of authority is NOT in the field, but in the courtroom.

because if you challenge them in the field, You might get taized.....