Legal Question in Criminal Law in Montana

Illegal search and no rights read

I was at a party with some friends, and we had

had some alcohol. An observer cop knocked on

the door, wearing civilian clothes. One boy

answered the door, thinking it was a neighbor

trying to quiet us down. The observer cop walked

into the house a few steps, followed by 2

policemen, who were dressed in police clothes.

They told all of the kids to sit down at the dining

room table, and then began to search the house

for hiding kids, they found some, and eventually

everyone sat down at the table. Then they started

writing tickets and calling parents, WITHOUT

reading us our rights. They also gave us breath

tests and asked a few people how much beer we

had consumed. They also said that someone

had called about the noise, but never asked us to

quiet down. I would like to know, if the police

performed and illegal search of the house, since

they did not have a warrant? Also, could possibly

the information be thrown out of the process since

it might have been attained illegally? And were

the breath tests legal?

Thank You Very Much


Asked on 9/11/00, 10:51 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Illegal search and no rights read

1. They had a right to enter and search the house if they had reasonable cause to believe that a crime(s) was being comitted at the time;

2. They have no obligation to read you the Miranda rights unless they are questioning you;

3. You could have refused the breath test, and if you did not then it is admissible;

4. Don't drink if you are underage.

Read more
Answered on 10/15/00, 10:33 pm


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