Legal Question in Appeals and Writs in Indiana

My son is currently a 17 year old senior and was recently ticketed for "minor consumption." Although he blew a 0.059 and was ticketed and I'm wondering if his and his friends rights were violated by the enforcing officer. As one child was leaving the officer stopped him as he was shutting the door due to a call the officer received of a noise complaint. The officer then preceeded to shuffle my son into the apartment where he was not granted entry. He then asked where the owners were but only the daughter of the house was home. He then proceeded to ask questions without reading them their miranda rights. Soon to follow they were all breathalized. Did the officer act under Indiana Law? Were any of their rights violated? Thanks.

Asked on 3/15/11, 5:09 pm

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

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Based on the information provided, it appears that the officer acted within the law. Miranda rights are only required in a custodial situation.

Answered on 3/15/11, 10:48 pm

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