Legal Question in Criminal Law in Maryland

Underage Drinking Party

I have a rather complex question. Here is the scenario, in which I felt that something was done wrong on the part of police officers:

At someone's house, a there was underage drinking going on. The police were tipped off to it, and came to the premises. They asked to be let in and were denied entry. They surrounded the house. There may have been beer cans in plain view. After all the underaged respondents went downstairs to the basement, the police came in through the backdoor, claiming it was unlocked. Upon arriving, they questioned everyone, gave everyone on the premises (all minors) a breathalizer test and wrote underaged drinking citations. My question has several parts:

A) Was there a breach of 4th Amendment rights for the police to enter the house without consent of the owner?

B) Did they in fact have to read the respondents their Miranda rights (which they never did)?

C) Did they, under Maryland law, have to wait for parents or guardians to arrive before conducting extensive questioning and administering breathalizer tests?

D) Did they have the right to deny the respondents legal counsel? (A family attorney came to the house and was forcefully denied the right to talk to any of the respondents)

Thanks!


Asked on 4/03/04, 12:34 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Underage Drinking Party

Where juveniles are involved various protections apply. The family law attorney may not possess an ability to represent the youth in a criminal matter. Breathalyzer tests do not invoke miranda rights with the situation you describe; however, there may be a question as to what a youth may have said.

Depending on circumstances this may be an entirely different matter. Contact an attorney should you require legal assistance.

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Answered on 4/05/04, 8:43 pm
Richard S. Stolker Uptown Law, LLC

Re: Underage Drinking Party

You have asked some very important questions. Of course, without all of the relevant facts, I can only provide general answers, but I will do my best to respond to your questions.

A) Was there a breach of 4th Amendment rights for the police to enter the house without consent of the owner? Possibly, although those individuals who do not live at that residence would not have legal standing to challenge the police entry since it was not the privacy of their home that was invaded.

B) Did they in fact have to read the respondents their Miranda rights (which they never did)? Miranda rights must be given to individuals who are in custody charged with a crime, and sometimes even before that. If an individual is not advised of his/her rights, any statement they make is not admissible against them in court (but possibly could be admissible against someone else).

C) Did they, under Maryland law, have to wait for parents or guardians to arrive before conducting extensive questioning and administering breathalizer tests? Possibly so, but it would be necessary to consider all of the circumstances before giving a definitive answer to this question.

D) Did they have the right to deny the respondents legal counsel? (A family attorney came to the house and was forcefully denied the right to talk to any of the respondents) If the attorney represented any of the individuals present, the police were in error to have interviewed those persons at the same time denying their attorney access to his or her client.

I hope this is helpful. If you wish to discuss this in greater detail, you are welcome to phone my office.

Richard S. Stolker

Attorney, Uptown Law, LLC

301-294-9500

email: [email protected]

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Answered on 4/03/04, 12:42 pm


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