We already determined last week that it is a Fourth Amendment "search" for a police officer to touch a key on a laptop or move the mouse pad in order to reveal the contents of the screen, so let's move on to this week's criminal procedure question: If a police officer enters a party filled with 40 to 50 young people, demands that they line up, and proceeds to sniff the breath of each person to determine if they have consumed alcohol, is this a custodial interrogation requiring Miranda warnings? Yes, according to the Superior Court of New Jersey, Appellate Division. Last week in State v. Koch (via New Jersey Law Journal), the court considered the case of Zeb Koch, an 18-year-old who was convicted in the lower court of underage consumption of alcohol. Koch attended a party that drew complaints from a neighbor that young people attending the party were smoking marijuana and urinating on his lawn. A policeman responded to the call in a marked squad car, which caused about 20 young people to run off into the woods behind the home. The policeman did not pursue the kids who ran off, but did detain the 40 to...

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