" The Party's Over"

As you may be aware, recent under-age drinking parties have resulted in a significant police response. This has resulted in notification to school officials- with attendant suspensions from extra-curricular activities, etc- and, in some case, criminal charges. Repeatedly, two questions have been posed by parents: Can police compel my child to take a breathalyzer? Do the police have the right to search handbags, backpacks, etc.?
BREATH TESTS:
The short answer is “no”, no one is obligated to take a breath test. In addition, a refusal to take a breathalyzer may not be used against an individual in a subsequent criminal prosecution. However, a refusal to take a breathalyzer exam at a police station after an arrest for drunk driving (DWI or OUI) will result in a significant suspension of the right to drive a motor vehicle.
At a party, police are usually demanding that kids take a portable breath test (PBT) to monitor alcohol consumption. The PBT –as opposed to the breathalyzer machine at the station-is not considered reliable and the results are not admissible in court. A refusal to take a PBT can not, under any circumstances, lead to the loss of the right to drive.   Your child can refuse to participate in the PBT without fear of criminal prosecution. Of course, police may notify a school of suspected alcohol use based on a student’s refusal to take the PBT. However, without a reading from a PBT, a school may have limited evidence to impose sanctions on a student.
SEARCHES:
The right of police to search personal effects is significantly limited by the U.S. Constitution and the Massachusetts Declaration of Rights. In general, prior to an arrest, police may only search bags, etc. if they have a reasonable basis for believing the bag contains contraband (drugs, weapons, alcohol in case of a minor). The basis for searching must be specific to the owner of the bag. For instance, the owner of a bag was observed placing a flask-like bottle in his or her bag. Mere presence at a party with underage drinking occurring is not a sufficient basis for searching all handbags, backpacks, etc.  The standard remedy for an unlawful police search is the suppression of the evidence in criminal prosecutions.
However, be advised that police can lawfully search a handbag, etc. if the owner consents to the search. The request to search from the police may often sound like a demand, particularly to a young person who may be intimidated by authority. Nonetheless, a student can refuse to give consent without repercussions from the justice system. Of course, participation in voluntary activities (school dance, flying on a commercial airplane, entering a ballpark) may be conditioned on consenting to a search of personal effects. A refusal to allow a search, though, will not lead to criminal charges but denial of participating in the activity.