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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34268
Experience:  16 yrs. of experience including criminal law.
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my son who is a juvenile in utah and on probation got arrested

Customer Question

my son who is a juvenile in utah and on probation got arrested for alcohol. He refused a breath-alizer and the police took him to the hospital and had blood withdrawn. We never gave consent to the hospital or to the police officer. Is this legal?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
It may be
Can you tell me if he was driving and if involved in an accident?

Customer: replied 8 years ago.

No he was walking. Someone had tried to get into a fight with him so he walked out and was going to take a bus but it was to late for the bus system. He actually didn't do anything illegal but the police officer had said that there was a complaint in the area of a theft so since he was walking they thought they ought to check him out. He was pass curfew but that was about it


Expert:  P. Simmons replied 8 years ago.
Did the officer request to take a blood sample or was it drawn w/o his consent?

Customer: replied 8 years ago.
without his consent. He was told by the juvenile detention center to take him there for safety of the other juveniles.
Expert:  P. Simmons replied 8 years ago.

Well, I would look closely at the terms of his probation. It may be that since he was on probation, one of the terms of this probation was mandatory submission to alcohol tests. Again, you need to look at the probation terms to check this

As well, if he was admitted to a juvenile facility, its possible that as a requirement of his admission he be tested.

The 4th Amendment of the Constitution protects against unlawful searches and seizures...they way it does is it prevents illegal searches from being used against the individual at a criminal trial.

If this was done without consent (either actual or implied as condition of probation) then it can not be used against him in a criminal trial.

P. Simmons and other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you appreciate it. Have a great evening

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