hottshot104
Junior Member
What is the name of your state? Pennsylvania
The other night (July 5 into the morning of the 6) I was out at a friend's place, hanging out and whatnot. I decided to leave as it was getting late, and on my walk back to my apartment I was stopped by a police officer in an SUV.
He did not say anything to me at first except for asking my name and for my ID. I gave him my name and denied having ID on my persons. He began questioning me, asking me things such as my address and if I had a roommate. I replied to each question but did not say anything otherwise. He finally told me I had been drinking. He then went into his vehicle and produced a breathalyzer, telling me that it would prove once and for all if I had been drinking. I politely responded, "I am sorry sir but I disagree to that." He tried to coerce me to use the breathalyzer once more, but I again repeated my phrase.
The officer then asked me to step into the back of his vehicle. I did so. At this point two bicycle police officers and another in a car arrived. The officer that had stopped me continued to ask me questions inside his vehicle, again simple ones such as my phone number. The other police officers then left, and the officer asked me to step outside of the vehicle.
The officer stepped out, and then opened the door for me to step out. As I hopped out of his vehicle, the officer reached his hands into my back pocket and retreived my wallet. He then searched through it and found my license, stating "So you did have ID." I responded only by saying "I do not think you can do that sir."
The officer then asked me to get back in the car, to which he then drove me back to my apartment, walked me to my room, and released me into the custody of my roommate.
I have a few questions in terms of legal advice.
First, is there anything "wrong" with this situation, such as things the officer did that are not legal or right? Is the officer's word proof enough to charge me with this offense, as I did not consent to a breathalyzer? Can the officer reach into my pocket and search me without my consent, and without having asked for consent to search me?
Also, what would the consequences be and how long do summary offenses last on your record?
Thank you in advance.
The other night (July 5 into the morning of the 6) I was out at a friend's place, hanging out and whatnot. I decided to leave as it was getting late, and on my walk back to my apartment I was stopped by a police officer in an SUV.
He did not say anything to me at first except for asking my name and for my ID. I gave him my name and denied having ID on my persons. He began questioning me, asking me things such as my address and if I had a roommate. I replied to each question but did not say anything otherwise. He finally told me I had been drinking. He then went into his vehicle and produced a breathalyzer, telling me that it would prove once and for all if I had been drinking. I politely responded, "I am sorry sir but I disagree to that." He tried to coerce me to use the breathalyzer once more, but I again repeated my phrase.
The officer then asked me to step into the back of his vehicle. I did so. At this point two bicycle police officers and another in a car arrived. The officer that had stopped me continued to ask me questions inside his vehicle, again simple ones such as my phone number. The other police officers then left, and the officer asked me to step outside of the vehicle.
The officer stepped out, and then opened the door for me to step out. As I hopped out of his vehicle, the officer reached his hands into my back pocket and retreived my wallet. He then searched through it and found my license, stating "So you did have ID." I responded only by saying "I do not think you can do that sir."
The officer then asked me to get back in the car, to which he then drove me back to my apartment, walked me to my room, and released me into the custody of my roommate.
I have a few questions in terms of legal advice.
First, is there anything "wrong" with this situation, such as things the officer did that are not legal or right? Is the officer's word proof enough to charge me with this offense, as I did not consent to a breathalyzer? Can the officer reach into my pocket and search me without my consent, and without having asked for consent to search me?
Also, what would the consequences be and how long do summary offenses last on your record?
Thank you in advance.
