Probable Cause

[stevelittle]

Pennsylvania, Under 21
while walking back from store me and my friends were stopped by policecar, he questioned why we were walking at 2 am. He got out of his cruiser and questioned us further he then took out a breathalizer and asked my friend to take it, he refused. My other friend ran away and they did not catch him. We are being charged with underages even though we did not take the test. Was there any probable cause for us walking back late at night and refusing a breathalizer.

 

[fnyrascal]

Is there a curfew?

If your town/county has a curfew then I believe they can stop you and automatically have probable cause. Why were minors out and about at 2 am? Where are the parents?

 

[stevelittle]

To answer your guestion our town does not have a curfew and we were buying food. We are all full-time college students and having a nightlife is very normal and should not be a reason for questioning.

 

[Mikedani]

What did the officer put down in his report as the probable cause? There could be many reasons why he stopped you but the only one who really knows is the officer.

You could have appeared 'drunk in public'.

He could have stopped to investigate 'criminal activity'.

'High crime area'.

'Jay walking'

'disturbing the peace'

Some areas have nuisance and loitering laws.

Im sure just the fact that you are under age, smelled like an alcoholic beverage and displayed the symtoms of "under the influence" is plenty to convict you of the violation.

 

[curtisd]

sounds like you all were acting stupid-why did your friend run away?were you in a residential area or what?its not unusual to be questioned by police or thier cars if you're acting suspicious though i would like to know why a cop won't stop when i'm broke down on the side of the road