Can a police officer administer a breathalyzer test or search a car with no probable cause?

Bobby

First of all, you were trespassing in an abandoned building. There is suspicion right there and that is probable cause. He may have smelled alcohol on your breath and you may have exhibited signs of intoxication, although you may not have known it.

It turned out you all had a .03 blood alcohol content, which makes you underage drinkers. He was then able to legally search your car and place you under arrest.

What this officer did was perfectly legal. As long as he can justify his actions, which it appears he can, the charges will stand.

trooper3316

If you all blew .03, I'm sure he could smell it on your breath. He may have also seen beer cans in the car when he walked by. Either of those would be probable cause. That would also allow a search of the vehicle incident to your arrest for trespassing and underage consumption.

Mein Fuhrer Der Kenyan

If he smelled beer on your breath after you lied to him that you weren't drinking, he has probable cause.
Lesson #1: Never lie to a cop. It just gets you in deeper.

mhmd

If he arrested you for trespassing, then he must have had PC that you were trespassing.

But he only needs reasonable suspicion on a public road to administer a breathalyzer. He doesn't need to prove that you were intoxicated because you're minors, just that you consumed alcohol.

pumper

He probably smelled it. Then you lied, so you gave him probable cause. Its zero tollerance for anyone under 21. Plus, you were trespassing. Good job. Hope your parents are happy with you.

LEO rRr

Well the three beers could rightly have any officer of the Law feeling or thinking that lies are being told !!?!!... in a small abandoned building could suggest in a big way that something un`lawful is or had taken place !!. "PULLED UP BEHIND a car you'd been in also suggest that you could've been diving `round" !?!. & this single beer that had been detected opens doors !! trust me !! as in reason to feel the officer's been lied to !?!..."He did the right thing"!! plenty of proof could lead some to feel that honesty is may be very little if you get my meaning !?! "Be careful out there"!!!. r`'R'`r

lpdhcdh

It's for the police officer (and later judge) to determine probable cause, not some 16 year old criminal.

You obviously appeared intoxicated to the police officer, and were in fact, as shown by the breathalyzer.

I find it hilarious that you believe you showed no signs of intoxication. Do you even know what are signs of intoxication?

Your car would have been open game anyway because of your arrest and the need to safeguard (and thus inventory your car).

And finally, (and not trying to be mean), but are you and your friends some type of midgets? I mean you write you drank one beer "earlier" and yet somehow you still managed to blow a 0.03. Do you not have any muscle mass? Are you three foot tall? Was the "one beer" a keg? Do you have zero tolerance for alcohol? Or are you lying about your "one beer"?

The fact is if you and your friends were at a 0.03 after one beer, and you have more beers in your car, its very possible the officer may have saved your lives. Its not uncommon for immature juveniles to kill themselves in DUI accidents.

deadlyvenomzus

Trespassing was the probable cause, if you and your friends didn't let curiousity get the best of you, there would not have been any reason for the officer to stop and arrest any of you. I have arrested DUI offenders over smaller infractions like broken tail lights.

dannyoneal3

yes he did because he probably smelled your breath, saw the beer bottles or body language gave you away. but 0.00000001 puts you over the limit as far as alcohol

Five-O

You were under arrest the first sign of coming out of that building for trespassing/burglary. He had charges on you from the get-go!

camhenson

I did right answer in your defense till the duh bug bit me. You and your friends were more than likely drunk and looking for a place to hang out and drink the rest of your beers. Good police work here. That cop probably saved you and your friends lives be thankful.

And, you can always deny a breathalyzer.

Prussian Blue

You have entered the world of the pig. They do whatever the want, whenever they want, what is legal or illegal means nothing to them.

The Dude

Yep. Welcome to the wonderful world of police reality.

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