Legal Question in Constitutional Law in California
'My 17 year old son was on private property when the police came to the house on an anonomous 911 call, they called and hung up. The police took my son in custody to the hospital to have them draw his blood for purposes of determining if he was under the influence, however, the hospital refused to take a sample of my son's blood without his parents consent. Therefore, the police took my son to the police station and had his blood drawn there. Is this legal? '
2 Answers from Attorneys
That depends on what the 911 caller said, how the police gained access to the house, what they observed when they were inside, what your son told them, and other details that you haven't provided. There is no way to give you a reliable answer with the limited information you have given us.
It would hinge on "probable cause" to conduct the test without a warrant or parental consent. You do not provide enough facts to even begin an analysis of that issue.
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