MIP, what are my rights?

[jester3s]

What is the name of your state? Michigan
I need to know what the police can and cannot do. I was at a party and we were cleaning up when 3 cop cars rolled in. One of the officers said someone had made a call and walked right into the house and asked for the owner. He told everyone that we had to go outside. They made us stand almost in the road and blow. Can the police just enter the house at free will? Did I really have to leave? I chose to stay there instead of driving drunk that night. Can any of this help argue my case?

 

[CdwJava]

I need to know what the police can and cannot do. I was at a party and we were cleaning up when 3 cop cars rolled in. One of the officers said someone had made a call and walked right into the house and asked for the owner. He told everyone that we had to go outside. They made us stand almost in the road and blow. Can the police just enter the house at free will? Did I really have to leave? I chose to stay there instead of driving drunk that night. Can any of this help argue my case?

Maybe. But you don't have the standing to challenge the entry to the home unless you are the homeonwer or tenant. Without knowing why they were there and what justification the officers used for ordering everyone out, I doubt anyone can say. I can see an argument on either side of the issue.

And if a cop comes to the door and sees possibly inebriated minors in front of him, depending on the law in your state, that might give him cause to detain everyone outside.

If you have the money, consult an attorney.

- Carl

 

[Wahahoney1010]

From what I have been told from by cousin who is a cop in
Arizona when you open the door that is the same as letting
the cops come in but so instead of opening the door just
talk through the door and they can't just go in the house
without a warrant or that would be a unlawful search.
When it comes to the breath analysis he can not legally do that unless you are underage and caught drunk or you are
pulled over in a car drunk, that also would be a violation of
your rights.
Good Luck

 

[CdwJava]

From what I have been told from by cousin who is a cop in Arizona when you open the door that is the same as letting
the cops come in

Ah, if only that were true.

If the person steps out of the way when the officers try to step inside, that might be implied consent, but the person can still say, "No." Additionally, consent can be withdrawn at any time.

However, if minors were observed drinking or inebriated, then an exception to the warrant requirement might apply so that the officer can check on the welfare of the minors. It's called a public safety exception.

but so instead of opening the door just
talk through the door and they can't just go in the house
without a warrant or that would be a unlawful search.

This can backfire depending on the call. If the officers have sufficient cause to think that there is someone in danger in the house - like drunk minors - they might be able to force entry under the right circumstances. People who talk to me THROUGH a closed doors raise all kinds of red flags for me.

When it comes to the breath analysis he can not legally do that unless you are underage and caught drunk or you are
pulled over in a car drunk, that also would be a violation of
your rights.

Sure. He probably can't compel a breath test under most circumstances. But, depending on the state and the crime alleged, he COULD possibly compel blood. So, it might come down to blowing in the machine or taking a needle.


- Carl