Dozens of high schoolers forced to take breath tests


WAUSAU, Wis. (http://www.msnbc.msn.com/id/23851011/) - Cars lining the street. A house full of young people. A keg and drinking games inside.

Kronenwetter Police Chief Daniel Joling said an officer was dispatched to the home March 1 on a complaint of cars blocking the road.
Juveniles began coming out of the house after the officer used his squad car's loudspeaker to warn that cars would soon be towed, Officer Jason Rasmussen wrote in his report.
Nearly 90 breath tests were done, and officers even searched locked rooms for hiding teens.

But though they made dozens of teens take breath tests, none tested positive for alcohol. That's because the keg contained root beer.

Dustin Zebro, 18, said he staged the party after friends at D.C. Everest High School got suspended from sports because of pictures showing them drinking from red cups.
The root-beer kegger was "to kind of make fun of the school," he said. "They assumed there was beer in the cups. We just wanted to have some root beer in red cups and just make it look like a party, but there actually wasn't any alcohol."
Zebro purchased a quarter-barrel of 1919 Classic American Draft Root Beer, and by 10 p.m. Saturday, the scene outside his rural Wausau home had all the makings of a teen drinking party — cars, noise and kids.

:woohoo:

:drinktoth

Hehe stupidist thing ever!!

Hehe stupidist thing ever!!

Or maybe the smartest thing ever. It highlighted the stupidity of suspending kids simply because they were drinking (something) from a red cup.

It highlighted the stupidity of suspending kids simply because they were drinking (something) from a red cup.

If it's not on school property or school time, I don't see what business it would be of the school anyway.

As for the second (clean) party, I suppose some humorless administrator will suspend them for "simulated illegal activity" or some such BS.

My family buys those big red plastic cups all the time, and there is absolutely no alcohol in this house.... Stupid school system. It's none of their goddamn business anyways. What students do outside of school should be the responsibility of the parents and law enforcement to punish, not the school.

How much did this little stunt cost the good taxpayers of Kronenwetter? Breathalyzers aren't cheap, you know, and there was probably some overtime for the police as well. These smartass kids should have to pay back every dime! What's more they made laughingstocks of honest hard-working policemen! This undermines respect for law and decency and ultimately, civilization!!

Shame on them!!!


/SMW impersonation

How much did this little stunt cost the good taxpayers of Kronenwetter? Breathalyzers aren't cheap, you know, and there was probably some overtime for the police as well. These smartass kids should have to pay back every dime! What's more they made laughingstocks of honest hard-working policemen! This undermines respect for law and decency and ultimately, civilization!!

Shame on them!!!


/SMW impersonation

:p


i prefer the blue cups myself-it's just an aesthetic thing, but FT will claim i'm part of some reichwing, Busch drinking cabal.:drinktoth

I don't partake of alcoholic beverages and I have loads of those big, red cups. We use them for diet soda in my house because they hold so much.

The students should sue the police for harrassment.

I don't partake of alcoholic beverages and I have loads of those big, red cups. We use them for diet soda in my house because they hold so much.

The students should sue the police for harrassment.
the police acted reasonably..unless they breathalyzed anyone that didn't fail a field sobriety test.

the police acted reasonably..unless they breathalyzed anyone that didn't fail a field sobriety test.
You wouldn't think that 90 sober teenagers would fail field sobriety tests, so I'd say that they probably didn't even conduct the other tests.

You wouldn't think that 90 sober teenagers would fail field sobriety tests, so I'd say that they probably didn't even conduct the other tests.
it's possible that the kids "acted" drunk, but i doubt it. if they did, it's on video tape.

the police acted reasonably..unless they breathalyzed anyone that didn't fail a field sobriety test.
I want to know what probable cause the police had to search or test anyone, unless everyone freely consented to that. A loud party with cars blocking roads may not be pleasant, but that doesn't give the police free reign to search anyone.

I want to know what probable cause the police had to search or test anyone, unless everyone freely consented to that. A loud party with cars blocking roads may not be pleasant, but that doesn't give the police free reign to search anyone.
WTF? you've never been to a kegger?

WTF? you've never been to a kegger?
You've never read the Constitution?

You've never read the Constitution?
it looked like a kegger right up to "root beer" that's probable cause.

but since you haven't bothered to read even the posts you reply to, much less the thread, "acting" drunk would be probable cause for a field sobriety test, failing that is cause for a breathalyser, but even i doubt the police bothered with sniffing the cups.

it looked like a kegger right up to "root beer" that's probable cause.
Begging your pardon, I misspoke. Probable cause is not a high enough standard of evidence to search a residence excepting a couple very, very specific cases. Probable cause may have applied to the breathalyzers (that's borderline), but you need a search warrant to search a house. Period.
but since you haven't bothered to read even the posts you reply to, much less the thread, "acting" drunk would be probable cause for a field sobriety test, failing that is cause for a breathalyser
Why, exactly, would one be necessary? They were not driving; they were in a house. And, I believe the crime they could have been charged with, were it real beer, is "minor in possession of alcohol", to which the drunkenness of the partygoers is irrelevant. Which brings me to...
but even i doubt the police bothered with sniffing the cups.
Apparently not. :rolleyes:

... you need a search warrant to search a house. Period.

not quite-they had a reasonable suspicion that a crime was being commited..if they searched that house before those breath tests came up negative...if it was after they fucked up.

normally 3 misdemeanors equals a felony. supply each of those teens with beer would be a separate count, that's 30 felony counts if the court feels like being a dick that day.

not quite-they had a reasonable suspicion that a crime was being commited..
It doesn't matter. If the cop can see a crime (for instance, say, a joint) from the door, they can arrest the person. But even if they have probable cause to believe a crime has been committed (e.g. they smelled marijuana), they cannot search a residence without a warrant (or the owner's permission). There are few exceptions, which generally include any case where the police have cause to believe someone is in immediate danger. Obviously not the case here.
normally 3 misdemeanors equals a felony. supply each of those teens with beer would be a separate count, that's 30 felony counts if the court feels like being a dick that day.
Three misdemeanors equals a felony? Did you pull that out of your ass or what? I've never heard anything even remotely like that.

They'll probably give that kop a medal for being so dilligent in his pursuit of teenage criminal drinkers, even though it was a fruitless search. Interesting - even after testing dozens of teens - they didn't "find" any drugs.

It doesn't matter. If the cop can see a crime (for instance, say, a joint) from the door, they can arrest the person. But even if they have probable cause to believe a crime has been committed (e.g. they smelled marijuana), they cannot search a residence without a warrant (or the owner's permission). There are few exceptions, which generally include any case where the police have cause to believe someone is in immediate danger. Obviously not the case here.
get arrested in your home (or even arms reach of the door) and find out;)

Three misdemeanors equals a felony? Did you pull that out of your ass or what? I've never heard anything even remotely like that.
normally. never heard of felony drunk driving? don't do it in the 1st person, that's a three time loser.

get arrested in your home (or even arms reach of the door) and find out;)
Red herring, no one there was arrested.

The bottom line is the kids were drinking root beer. God forbid they were also eating ice cream and cake. I guess in that event the police would have tasered them.

The teens set about to highlight the idiocy of the authorities in overeacting to a perfectly legal activity, ie. drinking from red cups, and they did so admirably. Both the school authorities and the police wound up with egg on their collective faces.

The bottom line is the kids were drinking root beer. God forbid they were also eating ice cream and cake. I guess in that event the police would have tasered them.
:lolhit: Yay, the first Allforums laugh of the day!

I want to know what probable cause the police had to search or test anyone, unless everyone freely consented to that. A loud party with cars blocking roads may not be pleasant, but that doesn't give the police free reign to search anyone.

I guess the police should have just let a bunch of teens drinking from red cups drive home instead.

God forbid the teens give a breath test. Nobody was arrested. Nobody got hurt. This is just evidence that the police were doing their job right.

The police chief pretty much covers it with this quote:

"It was a tremendous waste of time and manpower, but we still had a job to do, and our officers did it," Joling said. "If one kid had come there, even hadn't drank there, but had come there and had been drinking and had left and crashed and burned, then what would the sentiment be? Why didn't the police check everybody out?"

Your ridiculous indignation is only appropriate when you have 20/20 hindsight - a luxury the police don't have.

Begging your pardon, I misspoke. Probable cause is not a high enough standard of evidence to search a residence excepting a couple very, very specific cases. Probable cause may have applied to the breathalyzers (that's borderline), but you need a search warrant to search a house. Period.


If you drive up on a party where you can see what appears to be a crime in progress (i.e. a bunch of young kids with red cups drinking from a keg), you can enter the home to stop the said crime. In fact, this is a frequent scenario for police to deal with.

I guess the police should have just let a bunch of teens drinking from red cups drive home instead.

God forbid the teens give a breath test. Nobody was arrested. Nobody got hurt. This is just evidence that the police were doing their job right.

The police chief pretty much covers it with this quote:

"It was a tremendous waste of time and manpower, but we still had a job to do, and our officers did it," Joling said. "If one kid had come there, even hadn't drank there, but had come there and had been drinking and had left and crashed and burned, then what would the sentiment be? Why didn't the police check everybody out?"

Your ridiculous indignation is only appropriate when you have 20/20 hindsight - a luxury the police don't have.


Exactly. People find something to bitch about no matter what. Can't win for losing.

If you drive up on a party where you can see what appears to be a crime in progress (i.e. a bunch of young kids with red cups drinking from a keg), you can enter the home to stop the said crime. In fact, this is a frequent scenario for police to deal with.
Presumably, the cops noticed that the keg was full of root beer sometime before they searched the house to find more people to test for alcohol. Once they ascertained that the keg was not beer, it was time for them to leave, not continue searching the house and breath testing everyone.

Besides which, I'm not saying that the cops entering the house was wrong. I said that the cops searching the house was wrong. There's a very clear distinction between the two.
I guess the police should have just let a bunch of teens drinking from red cups drive home instead.
Yes, they should have. Why? The kids were doing nothing wrong. Since when is the color of a cup probable cause to search a residence without a warrant?
Your ridiculous indignation is only appropriate when you have 20/20 hindsight - a luxury the police don't have.
I would have protested both the search and the breath tests even if the keg was full of alcohol. The keg being full of root beer, not real beer, is a bonus that makes these idiot, rights-violating cops look like, well, idiots. Those assumptions sure are making an ass out of you...and mumptions.

Presumably, the cops noticed that the keg was full of root beer sometime before they searched the house to find more people to test for alcohol.

Borg, you're funny sometimes. In the same thread you say "assumptions are making an ass out of me," you begin with this laughable assumption.

Welcome to the world of law enforcement, but the first priority of police is to secure the situation, determining whether alcohol is actually present is a secondary priority.

Once they ascertained that the keg was not beer, it was time for them to leave, not continue searching the house and breath testing everyone.

I mostly agree (the cops have to consider the possibility that the kids could be drinking something other than the contents of the keg) - I just doubt they verified the keg was root beer until they cleared the house of people hiding in locked rooms and such.

Besides which, I'm not saying that the cops entering the house was wrong. I said that the cops searching the house was wrong. There's a very clear distinction between the two.

A) If you detain someone in a house, it is not only constitutional, but it's proper to do a limited search for additional people in the house that could present a threat to officer safety.

B) In light of your other remarks on this subject, why do you think it was okay for the police to enter the house?

Yes, they should have. Why? The kids were doing nothing wrong. Since when is the color of a cup probable cause to search a residence without a warrant?

This is a silly question - a bit like me responding with "Since when is it wrong for police to arrest people?" But I'll entertain it - the color of the cup alone is not probable cause. It's the cups, the keg, the party, the underage kids, and the cars blocking the street that add up to probable cause.

The fact that the kids did nothing wrong does not mean there was no probable cause. You understand probable cause is a pretty low standard right? There just has to be enough facts to make a reasonable person believe crime is afoot - that's what happened here. In fact, I think the kids openly acknowledge that they were trying to make it look like criminal activity (e.g. a kegger with underage kids).

I would have protested both the search and the breath tests even if the keg was full of alcohol.

I'm sure you would.

Those assumptions sure are making an ass out of you...and mumptions.

Mumptions?

You understand probable cause is a pretty low standard right? There just has to be enough facts to make a reasonable person believe crime is afoot - that's what happened here.





A great definition of true probable cause.

Conversely, I've read of lawsuits filed on various police departments for NOT breaking up a party or otherwise stopping underage drinking, after which a tragedy occured.

What situation did they have to secure, Leper? There was no more of a situation to secure than there would have been at a birthday party.

If my child decides to invite a bunch of friends over to drink root beer the police have no right to enter the property. They don't have carte blanche to enter people's homes without probable cause and red cups is not probable cause.

Frogger,

Leper indicated in his post what the probable cause in this case was..

As for the cheap red cups...after the kids and their families file and win their multi-billion dollar lawsuit on the Fascist cops who ruined their lives frorever, then they can drink their root beer out of champagne flutes and REALLY impress the neighbors.

No muss, no fuss, everyone's happy--except the police force who is now too broke to buy even a cheap cruiser and hand cranked radio.

What situation did they have to secure, Leper? There was no more of a situation to secure than there would have been at a birthday party.

Anytime police detain someone in a home for alleged criminal activity (an underage kegger in this case), it's proper (and constitutional) for police to do a "protective sweep" in the home to make sure there's no one lurking in a closet somewhere with a shotgun or whatever.

Asking police to turn a blind eye to all other occupants of the house presents an unacceptable risk to officer safety. This is widely-accepted in the legal community.

If my child decides to invite a bunch of friends over to drink root beer the police have no right to enter the property. They don't have carte blanche to enter people's homes without probable cause and red cups is not probable cause.

I agree. See my previous post.

If you agree then you have to agree that the police had no probable cause to enter the house or to even step foot on the property. If the teens were acting drunk and/or being rowdy then the cops would have probable cause but drinking from red cups is not probable cause.

A great definition of true probable cause..

Thanks, but I have to admit my definition is influenced from reading cases on the topic.

Conversely, I've read of lawsuits filed on various police departments for NOT breaking up a party or otherwise stopping underage drinking, after which a tragedy occured.

Yep. That's exactly what the police were trying to avoid I'm sure. They're constantly in a damned if they do, damned if they don't scenario - but that's a reality of any sort of rule enforcement, from sports officials to police officers to judges.

Here's my favorite part of this story:

The root-beer kegger was "to kind of make fun of the school," he said. "They assumed there was beer in the cups. We just wanted to have some root beer in red cups and just make it look like a party, but there actually wasn't any alcohol."

Obviously a childish prank to get attention... from the school, the police... and people on the internet.

Mission accomplished, punks! Now pull up those pants and do your homework!!

;)
SMW

That's the point that I think has been missed, exactly. The kids were TRYING to get a reaction out of the cops, and so they succeeded...then people want to cry foul against the cops....LOL

The cops' actions were perfectly fine here.

The people who acted like idiots were the school officials, for suspending kids because of pictures of them holding red cups. Hopefully everyone agrees THAT was ridiculous.

The cops' actions were perfectly fine here.

The people who acted like idiots were the school officials, for suspending kids because of pictures of them holding red cups. Hopefully everyone agrees THAT was ridiculous.

That, too...agreed.