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  1. #1
    amiee@digis.net is offline Junior Member
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    Probable Cause and Parental Consent to breathalyzer test for minor

    What is the name of your state (only U.S. law)? Utah
    Do police officers need parental consent to give my minor child a breathalyzer test?
    What are the laws concerning probable cause, ie would they need to have probable cause to pull over a car that my child was a passenger in when they suspected that no alcohol had been consumed by the driver and they didnt have any reasons to pull over the car. They did so because they thought that my son might have been in the car and that he had obstructed justice by leaving the road that they were walking on to get away from the officers. They had no proof that he was even at the scene of the first contact. They were looking for a maroon car that might have picked my son up later and they pulled over a blue one?
  2. #2
    CdwJava is offline Senior Member
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    Quote Originally Posted by amiee@digis.net View Post
    Do police officers need parental consent to give my minor child a breathalyzer test?
    If driving, no. Whatever laws cover chemical tests and breathalyzers would apply. If NOT driving, then the answer is still, almost certainly, no - they do not need parental consent.

    ie would they need to have probable cause to pull over a car that my child was a passenger in when they suspected that no alcohol had been consumed by the driver and they didnt have any reasons to pull over the car.
    The standard necessary to effect a detention (including a traffic stop) is reasonable suspicion to believe "criminal activity is afoot" and that the person detained is involved. In most traffic stops there is also "probable cause" to believe that a driver committed a public offense in the presence of the officer.

    They did so because they thought that my son might have been in the car and that he had obstructed justice by leaving the road that they were walking on to get away from the officers.
    If they had reason to detain or arrest him, then there is a good possibility they had sufficient cause to stop the car. However, all the details will have to be evaluated by the courts to determine this for certain.

    They had no proof that he was even at the scene of the first contact. They were looking for a maroon car that might have picked my son up later and they pulled over a blue one?
    That might seem to indicate reasonable doubt and can be brought up as part of a motion to suppress. If he has been charged, he will need to speak with his attorney.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  3. #3
    j991 is offline Member
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    Quote Originally Posted by amiee@digis.net View Post
    What is the name of your state (only U.S. law)? Utah
    Do police officers need parental consent to give my minor child a breathalyzer test?
    What are the laws concerning probable cause, ie would they need to have probable cause to pull over a car that my child was a passenger in when they suspected that no alcohol had been consumed by the driver and they didnt have any reasons to pull over the car. They did so because they thought that my son might have been in the car and that he had obstructed justice by leaving the road that they were walking on to get away from the officers. They had no proof that he was even at the scene of the first contact. They were looking for a maroon car that might have picked my son up later and they pulled over a blue one?
    So lets see, the police stopped a car that your son was in after he had run from the police during some previous incident. The police don't need any other reason to stop the car than they thought your son was a passenger. How do you know that they didn't suspect alcohol? Obviously your son was involved in an incident where he ran from police and was picked up by a car, the car was driving in the area and made some suspicious moves, which caused the police to become aware of it, and make the stop on the reasonable suspicious that a person of intrest in an active investigation may be in. The police then gave your son a breathalyzer, which they are allowed to do without your permission. The police only need to obtain parental consent or notice after the minor is arrested and before questioning takes place. No arrest, no parental ntoice. I think you may be giving your son to much credit, and the police to little credit on this one. Try to get the whole story and not what he is saying to stay out of trouble with you at home.
  4. #4
    amiee@digis.net is offline Junior Member
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    I am certainly not even trying to say that my son was not out after curfew hours and that he did drink underage... These are both wrong.. I just don't want my son to loose his license or ability to have it. He needs to be able to get a job and have the responsibility.
    He did leave the original "scene" but they stopped my son and a friend on the way to another call, both were on foot and my son did leave before they got to them.. The officers pulled over the car that picked up my son (a friend that had not been drinking or even at the house that they had been at all night) and was out of the area of the condo's that my son's friend lived in. I don't condone him drinking either. I just need to know what I can do to diminish this. They are trying to charge him with obstruction of justice, curfew, and underage drinking. I would not have a problem except obstruction is a pretty big charge and he did not drive and he will loose the ability to get his license. Curfew... o.k.
    Wouldn't they have needed to cite or have some reason to pull over the non-involved friend. There were no citations of curfew etc to the driver of the car? I am not a mother who thinks that her child is always right, I just want to see if I can re-direct him and I think that having a job and responsibility will help. I appreciate any and all comments and help
    Thank you
  5. #5
    CdwJava is offline Senior Member
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    Quote Originally Posted by amiee@digis.net View Post
    Wouldn't they have needed to cite or have some reason to pull over the non-involved friend.
    If they believed that the car contained a subject for whom they had probable cause to arrest was in the car, then they can stop it. A person does not get to avoid the police by merely stepping into a car and arguing they are at "home base" and cannot get tagged.

    Your son can argue this in court. If Utah law for some reason prevents law enforcement from stopping the car he is in, then he might be able to avoid some of the penalties (at least any relating directly to evidence discovered subsequent to the arrest). However, if they had him identified beforehand, then he would still have to face any charges pendin from earlier anyway.

    I am not a mother who thinks that her child is always right, I just want to see if I can re-direct him and I think that having a job and responsibility will help. I appreciate any and all comments and help
    Thank you
    These actions are neither responsible nor conducive to maintaining any kind of steady employment. Be careful that you are not enabling his poor behavior. If he knows that he has you to support him whenever he screws up, then he will have no reason to change his behavior. Without consequences, there may be little incentive to change.

    If he is a minor (and I assume he is since you mention 'curfew'), then I can understand your providing him with legal counsel. But, I would recommend harsh penalties at home regardless of what the courts may decide to do. If it were my son, I doubt he would have his car anymore - unless it were to get to and from work, and there would be no going out with his buddies for a very long time.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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