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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25386
Experience:  Practicing criminal defense attorney
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Moyock, NC. Five 16 year old boys are drinking in a friends

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Moyock, NC. Five 16 year old boys are drinking in a friends house where parents are not at home. Can the police come into the house and administer breathalizer tests to the teens without their parent's consent?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  lwpat replied 7 years ago.

I'm sure the police are going to say they were allowed into the house whether they were or not and the trial judge is going to accept their word. Once they are in the house they can administer the breath test since they then have probable cause.

Customer: replied 7 years ago.
Even if there were no open containers in the house? They also searched the entire house. I guess this is legal as well, once they are "supposedly" allowed in the house? Understand, I am not condoning the boys drinking. They are in serious trouble, just trying to protect their rights. It seems they have none.
Expert:  lwpat replied 7 years ago.

If there were no open containers they are going to say the "smelled" alcohol on their breath. The search of the house is a real problem and if any other evidence had been uncovered then that could be supressed. The problem is that a trial court rarely supressses evidence and you have the expense of an appeal. There must have been some report or complaint and the police can act based on that complaint.

Customer: replied 7 years ago.
No, they just saw one of the boys walking down the street and took him back to the house and went in. It's a pretty remote area an not many neighbors. I appreciate your help and understand there's not much we can do. Just wanted to make sure.
Expert:  lwpat replied 7 years ago.
Youre welcome.
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