Alpo Posted January 6, 2019 Share Posted January 6, 2019 Watching My Man Godfrey, which was made in '36, and people didn't have rights back then. However The pearl necklace has been stolen, and the cops walk into Godfrey's (the butler) room. He's pie-eyed, and sleeping it off. They wake him up, tell him the necklace is missing, and say, "Mind if we search your room?" He says, "Not at all. I'll help", and staggers over to the dresser and starts throwing his clean clothes on the floor. And I thought, "Wonder if that'd fly today?" Link to comment Share on other sites More sharing options...
Tascosa, SASS# 24838 Posted January 6, 2019 Share Posted January 6, 2019 Simple answer...NO. Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted January 6, 2019 Share Posted January 6, 2019 Makes me wonder, do they do a breathalyzer test before reading your rights? Link to comment Share on other sites More sharing options...
Sarge Posted January 6, 2019 Share Posted January 6, 2019 No simple answer. Would probably be an evidentiary hearing. If LE can show that the person understood his/her rights, then there could be a basis for waiver of those rights. Under these circumstances, LE would not perform a breath test. In most states those tests are only related to driving offenses. It is not LE's responsibility to provide a defense to the alleged perpetrator in this situation. Link to comment Share on other sites More sharing options...
Smoken D Posted January 6, 2019 Share Posted January 6, 2019 I would have him sign a waiver and let the courts fight it out if the necklace found in his room. If he did not consent and I really thought, and have really good probable cause to back it up, would get a search warrant. Back then if he did not consent you would punch him out then search the room. Link to comment Share on other sites More sharing options...
The Original Lumpy Gritz Posted January 6, 2019 Share Posted January 6, 2019 No- After a fail of the driver's breathalyzer, and a couple of other tests, I'd put the cuffs on and that was it. OLG Link to comment Share on other sites More sharing options...
Abilene Slim SASS 81783 Posted January 6, 2019 Share Posted January 6, 2019 On what grounds could he be arrested? He's drunk in his own quarters. Not a crime. A necklace is missing but there's no evidence he's the cause of it (I haven't seen the movie). No crime. I'm pretty sure that even in 1936 you had to have a warrant for a search. Link to comment Share on other sites More sharing options...
Pat Riot Posted January 6, 2019 Share Posted January 6, 2019 “Driver’s breathalyzer“ in his bedroom? Please. I would tell the cops to shove off and go back to bed. If they persisted I would drunkenly phone my lawyer. More than likely I would go to jail and a couple of cops would have to seek medical attention Link to comment Share on other sites More sharing options...
Utah Bob #35998 Posted January 6, 2019 Share Posted January 6, 2019 What Sarge said. Link to comment Share on other sites More sharing options...
Charlie T Waite Posted January 6, 2019 Share Posted January 6, 2019 40 minutes ago, Pat Riot, SASS #13748 said: “Driver’s breathalyzer“ in his bedroom? Please. I would tell the cops to shove off and go back to bed. If they persisted I would drunkenly phone my lawyer. More than likely I would go to jail and a couple of cops would have to seek medical attention Just an FYI - There are some states have a law that says it is illegal to be intoxicated anywhere in the state and consider it disorderly conduct. Link to comment Share on other sites More sharing options...
Alpo Posted January 6, 2019 Author Share Posted January 6, 2019 46 minutes ago, Abilene Slim SASS 81783 said: (I haven't seen the movie) Shame upon you. It's one of the classics of early comedy. I watch it two or three times a year. Link to comment Share on other sites More sharing options...
The Original Lumpy Gritz Posted January 6, 2019 Share Posted January 6, 2019 1 hour ago, Pat Riot, SASS #13748 said: “Driver’s breathalyzer“ in his bedroom? Please. I would tell the cops to shove off and go back to bed. If they persisted I would drunkenly phone my lawyer. More than likely I would go to jail and a couple of cops would have to seek medical attention I wasn't talk'n about movie nonsense...... There was no Miranda Rights warning, back when the movie took place My statement was from real world DUI incidents, back when I was a LEO. OLG Link to comment Share on other sites More sharing options...
Free Bird 61147 Posted January 6, 2019 Share Posted January 6, 2019 Skewered question. Rights? We've had our Constitutional rights since the Constitution was ratified. The Bill of rights granted those rights. Miranda, 1966, just says the police have to "advise" you of those rights before questioning. You've always had your rights. Link to comment Share on other sites More sharing options...
Free Bird 61147 Posted January 6, 2019 Share Posted January 6, 2019 Rights? Link to comment Share on other sites More sharing options...
Free Bird 61147 Posted January 6, 2019 Share Posted January 6, 2019 Rights? Link to comment Share on other sites More sharing options...
Pat Riot Posted January 6, 2019 Share Posted January 6, 2019 My statement stands. 1936 or now. Link to comment Share on other sites More sharing options...
Sarge Posted January 6, 2019 Share Posted January 6, 2019 Just to clarify my statement. When I mentioned the subject understanding his rights, I was not referring to Miranda. I was referring to the 4th Amendment which speaks to an individual being secure against unreasonable searches and seizures. The 4th amendment didn't just magically appear as a result of a single court case. We've had the 4th Amendment since the Bill of Rights was ratified. Wasn't always clearly followed. In the OP's scenario, a legal decision would have to be made as to whether the person who may or may not have been incapacitated due alcohol intoxication was in a state of mind to reject the request for the search. Link to comment Share on other sites More sharing options...
Abilene Slim SASS 81783 Posted January 6, 2019 Share Posted January 6, 2019 3 hours ago, The Original Lumpy Gritz said: My statement was from real world DUI incidents, back when I was a LEO. OLG DUI is totally different from a house search. Different rules. Link to comment Share on other sites More sharing options...
The Original Lumpy Gritz Posted January 6, 2019 Share Posted January 6, 2019 1 minute ago, Abilene Slim SASS 81783 said: DUI is totally different from a house search. Different rules. As a 1936 movie, compared and today's world of LE. OLG Link to comment Share on other sites More sharing options...
Abilene Slim SASS 81783 Posted January 6, 2019 Share Posted January 6, 2019 9 minutes ago, The Original Lumpy Gritz said: As a 1936 movie, compared and today's world of LE. OLG The OP asked "wonder if that'd fly today?" which means we're talking present tense. You answered "no" and went on to say you'd cuff him if he failed a sobriety test, and backed that up with your LEO DUI experience. I don't understand what DUI has to do with it and what would give any LEO that kind of authority inside one's residence? Link to comment Share on other sites More sharing options...
The Original Lumpy Gritz Posted January 6, 2019 Share Posted January 6, 2019 3 minutes ago, Abilene Slim SASS 81783 said: The OP asked "wonder if that'd fly today?" which means we're talking present tense. You answered "no" and went on to say you'd cuff him if he failed a sobriety test, and backed that up with your LEO DUI experience. I don't understand what DUI has to do with it and what would give any LEO that kind of authority inside one's residence? It's Winter-It's Sunday, and I'm hav'n some fun......... OLG Link to comment Share on other sites More sharing options...
Abilene Slim SASS 81783 Posted January 6, 2019 Share Posted January 6, 2019 9 minutes ago, The Original Lumpy Gritz said: It's Winter-It's Sunday, and I'm hav'n some fun......... OLG back atcha! Link to comment Share on other sites More sharing options...
MAYOBARD SASS #13025L Posted January 7, 2019 Share Posted January 7, 2019 It depends on how intoxicated the person is. If consent is given, get it in writing. If not, get a search warrant. If he asks for his rights, give him some lefts too, and a couple of kicks as well.....lol Link to comment Share on other sites More sharing options...
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