Legal Question in Criminal Law in Minnesota
under age drinking
can cops give you a breathalyzer on your own property
Asked on 7/02/07, 6:51 am
1 Answer from Attorneys
Thomas C. Gallagher
Gallagher Criminal Defense
Re: under age drinking
Whether police can ask you to provide a breath sample for their portable breath alcohol machine would depend upon the facts. There is at least one statute which both provides authority and limits their authority in making such requests. However, typically citizens are "naive" and consent to doing so upon request by police, when they did not need to consent. Whether a police officer has a right to be on your property is a separate question. If they have a right to be there, then they have the right to ask you if you will consent to something, even something you are not required by law to do.
Answered on 7/02/07, 11:31 am
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