Illegally Arrested

[sisymay]

What is the name of your state? GEORGIA

Yesterday my brother (20 yrs old) was parked in a grocery store parking lot, filling out job applications. A policeman come up to him and told him to get out of the car. The police did not state why he approached my brother. Aren't they legally suppose to state why they are there??
Police searched his car, said he smelled alcohol on him. Police did not administer a breath analyzer test and did not read his rights. Just put cuffs on him and took him to jail.
On the ticket it states 'minor alcohol consumption'. At the county jail, 2 ladies at the front desk told his mom that they found closed container in the car, brother said no and there is nothing about this written on the ticket.
He's out on property bond that his parents put up. Court date is end of May.
His parents have a pre paid legal service (or something like that) They are going to contact them but I wanted to see what help we can get here. Thanks!!
I am saying this is illegal because policeman didn't follow the legal procedures in this arrest, not reading rights, not doing breath test, not stating why he was even there, etc.

 

[moburkes]

They don't have to do a breath test, they don't have to read him his rights, they don't have to state anything. Did your brother ask what was going on, and why he was being arrested?

 

[ForFun]

I'm going to rewrite the facts a little...let me know if I am wrong:

The cop saw your brother, who is under 21, sitting in a car, thought it odd, and approached him. After asking a few questions, the cop could smell alcohol on your bro's breath and decided to arrest him. After arresting him, the cop searched your bro's car.

If those are the facts, then there is no violation of rights. The police may approach people and ask questions. If that questioning leads to probable cause that a crime has been committed, then the police may arrest the suspect. Once a person is arrested, the police may search both the person and areas of the vehicle that were within his reach.

Also, moburkes' post is correct. While a breathalyzer may provide useful evidence to prove that a person had consumed alcohol, it is not required. The state can prove your bro consumed alcohol with the officer's testimony about what he/she observed. Further, the police are not required to inform an arrestee of his Miranda rights. However, if the police do not do so, then they may not question him and use his responses against him in court.

 

[CdwJava]

Yesterday my brother (20 yrs old) was parked in a grocery store parking lot, filling out job applications. A policeman come up to him and told him to get out of the car. The police did not state why he approached my brother. Aren't they legally suppose to state why they are there??

No, they do not have to tell someone why they are there. The person can ask, but the officer generally does not have to tell them. Debates are not part of the job description.

Police searched his car, said he smelled alcohol on him. Police did not administer a breath analyzer test and did not read his rights. Just put cuffs on him and took him to jail.

Someone under 21 who smells like alcohol is likely to get cited or arrested as state law permits. When that happens, the car can be subject to a search. When we arrest people, they go into handcuffs. And, as was pointed out, a Breathalyzer is not required. In fact, it might work to bro's favor if the judge feels that the odor of alcohol (and maybe a container found in the car) is not sufficient.

On the ticket it states 'minor alcohol consumption'. At the county jail, 2 ladies at the front desk told his mom that they found closed container in the car, brother said no and there is nothing about this written on the ticket.

Well, guess they'll have to wait until the officer has his say at trial or until a copy of the report can be obtained.

I am saying this is illegal because policeman didn't follow the legal procedures in this arrest, not reading rights, not doing breath test, not stating why he was even there, etc.

Nothing in your post indicates anything improper.

A note: Miranda is only required when both custody and interrogation occurs. Statements and evidence obtained in violation of Miranda can result in suppression of statements or evidence. Here, it doesn't sound they hooked him up THEN he 'fessed to the alcohol ... and even if he did, there are ways that can be used against him even without Miranda.

- Carl