Underage consumption

[DHeesch]

What is the name of your state? South Dakota

My 16 year old was at an unsupervised house party and the police were called due to a noise complaint. The police knocked on a window and asked for the person residing there to come outside. Inside were four minors, one 21 yr old and two 18 year olds. One of the minors lives there. She answered the door and the police came inside. Did not ask if they could. They proceeded to search the house-upstairs and down, under beds and in closets. They found my child under a bed. Yes he had been drinking. They handcuffed him and took him downtown to the police station and placed him in a questioning room with 2 of the other minors. Next the police said they were going to draw all three of their blood. They said no, officer laughed said just kidding-need you to do a breath test. All three failed. My son was .09. They called us and we went and picked him up. Question...can they search the house without anyone's permission and don't they have to read him his rights? The owner of the home was not there and the only person that lived there was 16. The 21 and 18 year old were guests.

 

[The Occultist]

If the search was illegal, the only thing that could happen is that any evidence they found would not be allowed to be used in a trial. So, basically, it doesn't matter. A judge can't pretend your son wasn't drinking illegally just because he was found under the bed.

Also, there was no need to read them their rights. Miranda rights only need to be read prior to an arrest AND interrogation. Again, an officer's failure to do this only means that any "confessions" from the minors could not be used in trial. Failing a breathalyzer does not count as a confession, so again, it doesn't matter.

I'd also like to add... your son broke the law. Stop trying to get him out of trouble or he will never learn his lesson.

 

[DHeesch]

Yes, he is gulity...

I get that he broke the law and he is already paying for it at home. He has not gone any place but to work unsupervised since this happened nor does he have use of his car. I want him to learn a lesson, but I want to be sure everyone plays by the same rules. I am fine with the judge sentencing him with a fine and community service. However, I am concerned about my son’s actions that evening regarding hiding and I wanted to understand how much that could be used that to make a stronger case, or stiffer penalties. I am just trying to understand the process, unless you have been educated in the law profession or have had a lot of experience, it can be a pretty daunting event. Thanks for your time.

 

[MikeB]

Hello, I have no legal expertise but thought I'd chip in some ideas.
1. If your car is stopped for speeding (in my state at least) the police can't just search the car for no reason. They either need permission of the owner, or to have evidence of something illega, such as smelling a drug. It seems there should be even more protection for your home (is your castle?). However, if they saw, or smelled alcohol on the girl's breath evidence of alcohol perhaps that would be sufficient cause?

2. If your are questioned at a car accident, the police cannot give you the breathalyzer without your permission (again, in Massachusetts). That would be an unlawfull search, even if you just drove through someone's porch and smell of alcohol. They can adminster a field sobriety test instead, and take away your license for several months if you refuse. I don't see why they'd have more right to do a breathalyzer on a boy taken from a house.

Again, this is just my unprofessional opinions.

 

[watcher6342]

Brother And New Wife/minor Doing Drugs And Drinking

My State Is Ga. My Brother Recently Re-married And His 15 Yr. Old New Step Daughter Is Doing Drugs And Drinking And Has Been For Several Years, With The Mothers Knowing About It.my Ques. Is; What Can Be Done Because ,they Are Both Allowing It To Continue And Are Supplying The Alcohol At Times From What I've Been Told. I've Told Both Of Them To Stop But I Really Have No Idea What Can Be Done Legally. My Brother Also Has Brought His 11 Year Old Son Into This Mix And He And His Ex-wife Have Pretty Much Left Their 16 Year Old Daughter With My Mother And Want Nothing To Do With Her. Would That Be Considered Child Abandonment? Need Help In Taking The Next Step Or Just Some Advise From Someone Who's Had This Problem. I've Got Two Children Of My Own And Will Not Allow My Brother Or His New Wife Around Them, But I Cannot Just Sit By And Watch Them Mess Up The Lives Of 3 Children.

 

[stealth2]

watcher? You'd be better served by starting your own thread instead of hijacking another.

 

[watcher6342]

watcher? You'd be better served by starting your own thread instead of hijacking another.

NOT TRYING TO HIJACK, COULDN'T FIND THE NEW THREAD AREA

 

[StickyFingers]

Question...can they search the house without anyone's permission and don't they have to read him his rights? The owner of the home was not there and the only person that lived there was 16. The 21 and 18 year old were guests.

Yes, The search was legal.

They did not need anyone's permission. (the 'wreak'/stench of alcohol/beer off of the minor who answered the door...gave them permission)

And Miranda rights are only read when a person is subjected to confinement(custody) with the intent of questioning.

The police do not benefit (and it is a waste of time) to read Miranda if you are not directly under arrest (like DUI and such where you have already proven your an idiot)...Or any other time that they do need any dictation from you to prove a crime has taken place.

And the parents/and others "of age" should be lucky the are not facing additional charges.

 

[StickyFingers]

NOT TRYING TO HIJACK, COULDN'T FIND THE NEW THREAD AREA

Don't YELL....And disrespect a Senior Member here.

Learn.