Court Strikes Down Law Requiring Breathalyzers For Pedestrians

[Purveyor]

Source: Detroit News

DETROIT -- Police officers in Michigan can't require pedestrians to take a Breathalyzer test without first obtaining a search warrant, a federal judge ruled today.

U.S. District Judge David M. Lawson struck down as unconstitutional a state law that allowed police officers to compel pedestrians under age 21 to take the breath-alcohol tests.

The law was passed to bolster enforcement of underage drinking laws.

But Lawson said he found the law "repugnant to the Fourth Amendment," which protects against unreasonable searches.

The American Civil Liberties Union of Michigan praised Lawson's ruling as "a tremendous victory for the civil liberties of young adults," in a statement by executive director Kary Moss.



Read more: http://www.detnews.com/apps/pbcs.dll/article?AID=/20070926/UPDATE/709260451/1003

[Kagemusha]

1. Doesnt' Michigan wind up before the Supreme Court for this stuff a lot?

I seem to vaguely recall a case involving trying to make any assembly of (black, presumably) males in "gang attire" grounds for police action.

[LiberalFighter]

5. Michigan has a substantial number of Republican/Federalist Society judges in their SC

[otherlander]

2. Good.

Walking drunk is better than driving drunk.

[GoddessOfGuinness]

3. I still think a person who is of legal age to serve in the military...

should be of legal age to drink.

I'd love to know how alcoholism rates in Europe compare with those here in the US.

[BRLIB]

4. I firmly plant the death of Benjamin Wynn, on the MADD

who had just passed the 21 law in Louisiana (one of the last states to kow-tow to the Feds).
Instead of drinking beer in a fraternity house for a bid-day after-party (newly illegal but was the rigor for decades-and believe me more beer was thrown than drunk), he was drinking the "now illegal and therefore must be drunk in the most concentrated form to hide it beverage") at an off-campus location. (OK, drive to/from a bar plastered, don't get drunk in your own house where you live-MADD madness...)
The Google has it still...

[THUNDER HANDS]

6. that's always a good argument, and begs the question

should the drinking age be lowered to 18

or should the enlistment age be raised to 21.

I think society would be better off by raising both to 21.

[GoddessOfGuinness]

7. Or maybe we should raise the enlistment age to 21,

and lower the drinking age.

If their parents taught them to drink responsibly from an early age, "turning legal" wouldn't be such a big deal...

[Mojorabbit]

8. I had a friend

arrested for WWI(walking while intoxicated) in the seventies while I was living in Key West. I thought it was a national law. Shows how up on things I am.