Legal Question in Criminal Law in Pennsylvania

illegal breathalyzer?!

While parked in a public place at 3 am I was asked to take a breathalyser. I was in the passenger seat & I am a minor. Is it legal for police to do so? Do police need probable cause/and or a warrant for a breathalyser, due to the 4th amendment?


Asked on 9/16/07, 1:41 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: illegal breathalyzer?!

Well, I'm not so sure that the police did not have probable cause in the situation that you describe. If they see a minor in a car in a public place, say outside a bar, at 3 a.m. in the morning a Judge may feel that they had probable cause. Because of recent Pennsylvania Supreme Court rulings dealing with DUI checkpoints, 4th Amendment arguments are going to be a lot more difficult in the future.

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Answered on 9/16/07, 1:51 pm


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