I’m locked up!!! Help me beat the case…

aceupthepants · #1 10-23-2006, 06:14 PM

Hi I was wondering if littering was a probable cause for a police officer to administer a breathalyzer. I know we are protected from unreasonable searches under the Fourth amendment, but would littering give a police officer reason to breathalyze someone? I ask because the other night while walking down the street I accidentally littered the top of a blow pop wrapper and a police officer saw this. He told me if he found the wrapper then he would “arrest me” he found it then took me to the station and breathalyzed me, where he cited me for underage drinking (I’ll be 21 in 2 weeks). Also since littering is not considered a misdemeanor as far as I know how could he make claims of “arresting” me? Wouldn’t this constitute harassment?

DonkeyKongSr · #2 10-23-2006, 06:16 PM

Let's see...
- Littering
- Public intoxication
- Underage drinking

Naaaaaahhhh, there's nothing there worth arresting you over.

guids · #3 10-23-2006, 06:17 PM

Im pretty sure anything the govt can cite you for is a misdemeanor, ie, a traffic ticket is technically a midemeanor? Also, ya, its probably cause if you littered.

mattw · #4 10-23-2006, 06:17 PM

if littering is not a misdemeanor, then what is it? also, cops only need probable cause. dude, you are busted.

fish2plus2 · #5 10-23-2006, 06:18 PM

only if you are black.

neuroman · #6 10-23-2006, 06:18 PM

Eat 10 cloves of raw garlic and then go to the police station and offer to take a lie detector test. Complex chemicals in the garlic will render the unit ineffective, and then you can lie your way right out of trouble.

FortunaMaximus · #7 10-23-2006, 06:19 PM

lol. Keep your back to the wall, kid, and bite the bullet. Cop wanted to teach you a lesson. Shame you ain't learned it.

Klompy · #8 10-23-2006, 06:19 PM

I'm guessing there's more to this story that you aren't telling us, but even if there isn't it doesn't matter, you're screwed.

Tony_P · #9 10-23-2006, 06:19 PM

guids,

the class of crime below misdemeanor is called a violation

mrkilla · #10 10-23-2006, 06:19 PM

[ QUOTE ]
Hi I was wondering if littering was a probable cause for a police officer to administer a breathalyze

[/ QUOTE ]

I stopped here. The answer is yes, break one law if hes got reason to believe you broke others he can go for his.