Unlawful Entry

What is the name of your state (only U.S. law)? Indiana

I am 19 years old, twelve of my friends and I were at a party. We all are various ages, some of which are 21 and others who were not. One of our friends that was very intoxicated and ran off. My friends that were over 21 went to look for her and all the minors went to bed. About three o'clock that next morning I was kicked by an officer and told to "stand up and blow." All six of the minors were woke up from sleeping to take the breathalyzer. Four of us, including me, blew a .01. Which is like Listerine is the morning breath, without the mint. Another blew a .02 and the last .04. The officers arrested us without reading us our rights. They later told us they were implied. I do not think anything was done by the book, can any professionals comment?

I do not think anything was done by the book, can any professionals comment?

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You have proven you know absolutely nothing about the law, you should not make any comments whether something was done by the book or not.

The officers arrested us without reading us our rights.

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Does anybody know how to do a simple search of this site? Does everyone believe everything they see in a fictional cop show is real? Is everyone this ignorant of their rights? Ok, once again for the 1,749th time, Miranda is not required at the time of arrest, it is only required after one is arrested and prior to questioning. If you were not questioned, no Miranda. If you were questioned, anything you said can't be used against you.

A few more questions for you. What does this have to do with unlawful entry? Nothing in your post suggests this happened. What was the result of your positive breathylizer?

INminor said:

What is the name of your state (only U.S. law)? Indiana

I am 19 years old, twelve of my friends and I were at a party. We all are various ages, some of which are 21 and others who were not. One of our friends that was very intoxicated and ran off. My friends that were over 21 went to look for her and all the minors went to bed. About three o'clock that next morning I was kicked by an officer and told to "stand up and blow." All six of the minors were woke up from sleeping to take the breathalyzer. Four of us, including me, blew a .01. Which is like Listerine is the morning breath, without the mint. Another blew a .02 and the last .04. The officers arrested us without reading us our rights. They later told us they were implied. I do not think anything was done by the book, can any professionals comment?

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I'm an Indiana probation officer. I don't see anything done incorrectly be the officers. The police entered the home because they had cause to believe their was illegal activity going on inside. It's possible that your friend that ran away gave them the probable cause to enter.

They did not have to read you your rights. You were not BOTH in custody and under interrogation. Real life is not like the show "Cops".

It doesn't matter how low you blew on the breathalyzer, or whether they only gave you the portable breath test, or whether they gave you a breathalyzer at all. Since you are under 21, even one sip is illegal.

Here's probably what's going to happen, if this is your first offense: You'll probably get offered Pre-Trial Diversion, have to take part in substance abuse classes, see a probation officer on a regular basis, and do some supervised community service work through Community Corrections, and pay fees of several hundred dollars. If you do everything you're supposed, the formal charges will be dropped.

If you violate the Pre-Trial Diversion, the probation department will notify the prosecutor's office, and you will have formal charges continue against you.

Was anyone under 18?