A Police Officer's sniffing of a teenager's breath at a party triggered the right to Miranda warnings.

In the matter of State v. Koch, local police responded to a house party after a neighbor complained about youths smoking marijuana and urinating on his lawn. The Police Officer lined up guests and sniffed each one's breath, checking for the scent of alcohol. One of the teens blurted out "I only had one." The guests were detained for 20 minutes and were not free to leave.

An appeals court suppressed the statement "I only had one" after the teen was charged with underage drinking. The Court found that the statement was "clearly in a custodial setting" and therefore raised a Miranda issue.

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