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Can a police officer to administer Breathalyzer test without sufficient evidence?
For example, if my friends and I are noisily around, a policeman, we assume are drunk and administer breathalyzer tests? We are not driving, to go go, or do something destructive. We are simply on our college campus, not on the football field to the dormitories in the area, and are just playing crazy, because it has one birthday. Is that reason enough to be blowing?
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#2 written by wondering why 2 years ago
Officers are trained to look for signs of intoxication. There are about 20 of them according to NHTSA – Nat’l Highway Traffic Safety Agency
such as odor of alcohol, red watery eyes, slurring words, loud boisterous behavior, stumbling or unstedy walk, etc. The officer can say he observed 1 or more of these signs and that was his reason for the breath test. How can you prove that you didn’t stumble? -
#3 written by Nick R 2 years ago
Law enforcement does not need “reasonable evidence” in order to administer a field sobriety test (a “breathalyzer” being a component of a FST), they need “probable cause” (PC).
The PC in the scenario you present would be (under the California Penal Code) suspicion of violating PC415: Disturbing the Peace.
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#4 written by Jeffrey K 2 years ago
Oh yeah, it’s called probable cause. If an officer thinks you MAY be doing anything that could possibly be against the law ( like spitting on the sidewalk in Denver), it’s probable cause and you will be accosted by your towns finest. If you are breaking even the slightest of laws, you’ll get a ticket at best. It’s all about money, not justice.
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#5 written by mosa lina 2 years ago
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#7 written by Zach 2 years ago
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What kind of a Police officer? A Campus Policeman? So, what if he did give you a breathalyzer???!!!!!!! and found you weren’t under the influence of booze !!!!!! Is there a law saying you can’t act a little crazy, laughing and having some fun? I can’t believe this guy picked you guys! I would go to Administration and complain!