Can a police officer search a minor without any danger of weapons on him and without his concent or his parents?

Asked over 1 year ago - Billings, MT

got pulled over and the officer said the car smelled like cannabis. i refused a search for my car and was sobriety field tested. i plead the fifth and was taken to jail. in the interrogation room i was patted down and thouroughly searched and had no weapons on me or the feeling of any weapons. i am under 18 and he was aware of this and started searching my pockets with out asking me for my concent to search, he just went ahead. they found a lighter and visa card and cash. they proceeded to give me a dui for driving under the influence of narcotics. also, another officer came in and evaluated me for sobriety. he never asked if i concented his sobriety tests or if i wanted to take them. i had a sobriety test at the scene, in the interrogating room, and then again by him. please help

Attorney answers (2)

  1. Rixon Charles Rafter III

    Contributor Level 20


    Lawyers agree

    Answered . 1. Do not post anything more online about your incident.

    2. Hire a DUI defense attorney immediately.

    3. FYI, police may search a suspect incident to an arrest, your permission is not required.

    4. FYI, Police do not need your consent to give you a sobriety test.

    5. DO NOT go online with your case facts and hire an attorney immediately.

    YOu need a DUI attorney

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  2. Robert Pecco Baker

    Contributor Level 13


    Lawyers agree

    Answered . 1. when you accept a driver's license you give implied consent to sobriety tests

    2. When you are arrested they cannot chance putting you in a cell w a weapon or contraband

    3. If you were charged get a lawyer immediately

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