Legal Question in Constitutional Law in Pennsylvania

Re: illegal breathalyzer

Well, IF the car was illegally pulled over, then anything that occurred after that should be suppressed. I can't make a judgment as to whether the car was illegally pulled over without more information, and that decision is ultimately a judge's anyway.

With regard to whether they were able to ask you, a passenger, to take a breathalyzer...you most likely did not take a breathalyzer. You likely were asked to do a PBT, which is the machine they carry with them in the car. A breathalyzer is at the station.

If they had reason to believe that you were under 21 and drinking, then yes, they were able to ask you to do a PBT.

Re: illegal breathalyzer

Just how did you establish that you were illegally pulled over? That is what is called a legal conclusion which can only be made by a court applying the facts to the applicable law.

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{John}