My child received a minor consumption ticket in Minnesota at her HS homecoming dance. On her way out of the dance she was taken to the office because someone identified her as being at a pre-dance party. They said they could smell alcohol on her breath, but also made a statement to me that earlier it smelled bad in the same area where she was taken. Can it be argued that there was no adequate cause, and the smell may or may not have been her breath. I recognize she did drink,but do they have the legal right to do what they did? She blew a 0.02.
2 Answers from Attorneys
Depending on the facts that the officer recieved and what they observed (smelled) - they may have had probable cause to believe she had committed a crime. Because of the statements by the person that identified her and the odor, he was then able to have her provide a test sample.
However, because the facts of the case are a little unclear (we have not seen the official report), we are unable to give you any better advice in this case.
Although drinking underage is a fairly common offense, the criminal record can still cause problems in the future. Please feel free to contact our office (612-217-0077) for a free consultation on this case.
A police officer must have an individualized, particular suspicion of criminal activity before they can lawfully seize a person for further investigation. Was the person who "took her to the office" a police officer? Different standards may apply to someone not a police officer. You want to review the entire case with a criminal defense lawyer for other possible defenses and strategies for a positive outcome.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
