[copsaregay]

Is it legal for a police officer to come through a closed gate into a backyard and give alcahol breathtests when they receive a noise compaint?

[progunr]

Yes.

If they suspect that minors are consuming alcohol, they have the right to investigate.

[excon]

Hello c:

You're asking the WRONG question. There are MANY other factors involved in whether the cops can search. Lots of very long and boring law books have been written on the subject. So, one can't really answer YOUR particular question with any degree of certainty.

However, if you been arrested, ticketed, searched, thrown on the ground and had your neck stepped on, or otherwise hassled by the cops, you should ASSUME that they broke the law.

Therefore, the question you should be asking, given that assumption, is what do you DO about it! The answer to THAT question is to hire a good criminal attorney, and don't talk to the cops. I'll bet HE'LL tell you that the cops broke the law too.

excon

[JudyKayTee]

Is it legal for a police officer to come through a closed gate into a backyard and give alcahol breathtests when they receive a noise compaint?

I think your user name says it all - if you gave the Cops attitude which they "determined" was probable cause, yes, particularly if minors are involved or someone is on probation.

Your word against theirs - same as if you get pulled over and there's an argument about probable cause.