Alcohol & Drugs: MIP, MIC, Intoxication Underage Consumption

[PSUBEAR]

Iam 20 y/o, and was recently at a party in PA. in which alcohol was being served. When the cops knocked at the door, the
lights were shut off and the door was never answered. The
cops waited until backup arrived and a warrant could be
issued.A few friends and I walked out to the cops while the warrant was still enroute to the to the scene. We were searched, ID's were asked for, and we took a portable breathalyzer test(I failed). I believe I remeber hearing about a new precedent in PA. in which officers must read you your rights prior to asking for ID. I was searched and asked to sit in the car while my citation was being written. Does any such law exist? If so does it apply to this situation. Is there also ARD program in which a drivers liscense is not suspended?

 

[freebird]

I am unaware of any precedent that requires you to be read your rights prior to asking for ID, which itself makes no sense to me. I could be wrong but here's why I don't think there is such a law. Miranda is said to let you know that you have the right not to incriminate yourself by making statements against your interests, i.e. confessions. By asking for your ID you aren't providing any information that would be dispositive of your guilt or innocence.

I think you might be out of luck with this one and you've learned the law the hard way unfortunately. I don't know about the ARD program and there might be some type of probation in PA. You might find out more by speaking to a local lawyer, clerk of the court or the prosecutor if you are seeking to deal. You may want representation here if your record is clean and if your license is in danger of being suspended.

Originally posted by PSUBEAR
Iam 20 y/o, and was recently at a party in PA. in which alcohol was being served. When the cops knocked at the door, the
lights were shut off and the door was never answered. The
cops waited until backup arrived and a warrant could be
issued.A few friends and I walked out to the cops while the warrant was still enroute to the to the scene. We were searched, ID's were asked for, and we took a portable breathalyzer test(I failed). I believe I remeber hearing about a new precedent in PA. in which officers must read you your rights prior to asking for ID. I was searched and asked to sit in the car while my citation was being written. Does any such law exist? If so does it apply to this situation. Is there also ARD program in which a drivers liscense is not suspended?

 

[NYClex]

hm, I see a way to construe requiring a miranda warning prior to asking someone for ID: when the ID itself will incriminate you by showing that you are a minor, for example, and you are in possession of alcohol.

BUT, it is not only my personal opinion that this would be taking Miranda too far, and I am pretty sure that the current Supreme Court would see it the same way. Lately the courts are rather prone to back away from Miranda than to broaden it.

I am not aware of any case in which this theory was ever probed, but who knows, there actually might be one.