Legal Question in Criminal Law in Montana

Under 21 Drinking suppression of evidence?

Police were called a noise complaint. Officer(F) made contact with main floor Renter (M) at front. In report officer noted ''I did not hear anything out of the ordinary'' Told them of complaint. Officer (F) walked to back of house where Officer(B)had observed a group of people run into the basement area. Then he stated people came up the stairs and started to open the back door. Upon seeing him, they ran back downstairs. Officer(B)knocked on back door and it was answered by renter of the upstairs apt(U). Officer (B) informed him of the individuals who had ran down stairs upon see him and asked(U)to bring them back upstairs so I could indentify and talk to them. (U)left door open and started down the basement steps. Officer(F)showed up then from front and instructed (B)to follow (U). Upon reaching the bottom of the stairs to the left was a closed closet door. (U) opened the door and four people under 21 were there. Officer(B)said he could smell the odor of beer coming from their breath. Officer(F)statd he returned to afford them the opportunity to take portable breath tests. 3 of the 4 cited for consumption under the age of 21. My son said they were not told by the officer that they could refuse the breath test.


Asked on 1/05/03, 11:36 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Under 21 Drinking suppression of evidence?

From the facts as you presented them, U gave the officer consent to enter and look around and U opened the door where the underage people were. I don't think this search was illegal. The officer was responding to a noise complaint and was making non-intrusive investigation of that complaint. I think the officers had valid reasons to be where they were.

In Montana, police are not required to tell juveniles they have the right to refuse a breath test. The issue might be, is this a search? I don't think a court would say it was, but that may be worth a try.

Read more
Answered on 1/06/03, 4:53 pm


Related Questions & Answers

More Criminal Law questions and answers in Montana