Minor Consumption HELP!!

[Nykhol]

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


So, the police came to my house because of someone calling the cops on a domestic. I was in my bedroom sleeping with my fiance and the police came and told me i had to come and talk to them. i got out of bed and they asked me if i had been drinking and i told them the night before. then we walked into my kitchen and they were asking me if my fiance abused me and i kept telling them no. They appered to get very upset with the fact that i was not telling them what they wanted to here and they stated "if you dont cooperate we can give you a breath-a-lizer and throw you in jail." so they did give me one and i blew a 0.089. So they wrote me a ticket. My question is i was in my own personal residence and if you look up torture in the minensota statue it is harrassing and all that crap so can they find me guilty? I belive you can drink in your own personal residence, it is private property and i was in bed SLEEPING

 

[katib]

In response to your post

Not sure about Minnesota but even on a domestic, you do not have to allow the police into your home without a warrant. You did not have to take the breathalyzer from all I read as you were in your private residence and not operating a vehicle, etc. That should not even be admissible in my opinion but you allowed it and now you are stuck as you just gave them evidence that you were drinking underage. In my state, if you are on your own private property and have an adult present such as a parent or legal guardian, and they have given you consent, so long as they didn't purchase it for you, they shouldn't be able to do anything but I am no lawyer. These are things I've read for my state and I would say to consult an attorney.

Why was there a call of a domestic if you were sleeping? Was it a mistaken address?? You need to know your rights that you do not have to allow a police officer into your home without a warrant. You can step outside and speak to them but they would have still gone after the drinking issue. Is your fiance underage also? Any adults present?? Look up the laws for your state since it is private property but consult and attorney. You can call around for free consultations. And depending on what you earn, qualify for a public defender, however I do not know how your state works so take this all at face value as I could be totally wrong. Some of this is from experiences I have had in my state..... I am logged in under my child's account so if you look for posts from me, it will be very odd to see her posts and then my posts. I need to create my own account.

Good Luck

 

[CTU]

Not sure about Minnesota but even on a domestic, you do not have to allow the police into your home without a warrant. You did not have to take the breathalyzer from all I read as you were in your private residence and not operating a vehicle, etc. That should not even be admissible in my opinion but you allowed it and now you are stuck as you just gave them evidence that you were drinking underage. In my state, if you are on your own private property and have an adult present such as a parent or legal guardian, and they have given you consent, so long as they didn't purchase it for you, they shouldn't be able to do anything but I am no lawyer. These are things I've read for my state and I would say to consult an attorney.

Why was there a call of a domestic if you were sleeping? Was it a mistaken address?? You need to know your rights that you do not have to allow a police officer into your home without a warrant. You can step outside and speak to them but they would have still gone after the drinking issue. Is your fiance underage also? Any adults present?? Look up the laws for your state since it is private property but consult and attorney. You can call around for free consultations. And depending on what you earn, qualify for a public defender, however I do not know how your state works so take this all at face value as I could be totally wrong. Some of this is from experiences I have had in my state..... I am logged in under my child's account so if you look for posts from me, it will be very odd to see her posts and then my posts. I need to create my own account.

Good Luck

Do not necropost here.

Thank you.

And really, stop posting - PERIOD - if you don't know the law in the OP's state.

 

[HighwayMan]

Not sure about Minnesota but even on a domestic...

Ditto CTU's post.

I'd be worried more about my daughter's problem before I went trying to help other people with incorrect information.