Cops told they do not have the right to give breathlizers to minors without a warrent - Great Lakes 4x4. The largest offroad forum in the Midwest

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Old September 12th, 2009, 09:03 PM   #1
Yetti
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Default Cops told they do not have the right to give breathlizers to minors without a warrent

I didn't see this anywhere so I figured it was safe to post it here.

http://freep.com/article/20090911/NE...ests-on-minors
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Old September 12th, 2009, 09:14 PM   #2
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finally something in our favor!
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Old September 12th, 2009, 10:55 PM   #3
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U.S. Court of Appeals for the Eastern District of Michigan ruled on this already a few years back. Old news. The State Court of Appeals now makes it state wide. Most agencies have already changed to comply with the federal ruling even though it only applied to the east side of the state.
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Old September 12th, 2009, 10:57 PM   #4
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just another way to raise a generation of no goods
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Old September 12th, 2009, 11:36 PM   #5
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just another way to raise a generation of no goods
The place is gettin' pretty crowded.
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Old September 12th, 2009, 11:44 PM   #6
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Originally Posted by Mclovin View Post
just another way to raise a generation of no goods
You mean like a lot of peoples parents here that could:
- carry insurance on them as a driver instead of each car
- drive motorcycles without a helmet if they choose
- drink when 18
- drive without seat belts
- ride in backs of pickup trucks
- smoke in restaurants
- drive down public streets without being video recorded
- spank their kids when misbehaving in public

The list of things stripped away to protect us goes on and on.
Yep, it's just terrible johnny law lost one for a change.
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Old September 12th, 2009, 11:47 PM   #7
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College kids everywhere in MI rejoice!
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Old September 13th, 2009, 12:02 AM   #8
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People don't ride in the back of pickup trucks any more? Since when, like what Friday? I'm so confused?
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Old September 13th, 2009, 02:30 AM   #9
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Originally Posted by Chiefwoohaw View Post
College kids everywhere in MI rejoice!


Not that Ypsi City or Ann Arbor cops care to begin with
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Old September 13th, 2009, 03:54 AM   #10
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Personally I don't have a problem with it. If you're old enough to drive, you're old enough to follow the laws and be subjected to any tests that are valid to keep our roads safe.

Seems stupid to me to not allow it.
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Old September 13th, 2009, 04:06 AM   #11
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Personally I don't have a problem with it. If you're old enough to drive, you're old enough to follow the laws and be subjected to any tests that are valid to keep our roads safe.

Seems stupid to me to not allow it.
Except there's no check and balance to these sorts of things once they are unleashed.

For example, quite some time ago a friend and I were hanging out in the driveway talking. A cop whips in the driveway behind us, flips on his lights, gets out and starts asking us tons of questions, have we been drinking, makes us produce I.D. to prove I live there, blah blah blah. And we weren't even in a vehicle.

He eventually satisfies his power trip and leaves.

Fast forward to modern times and would I want my kids subjected to breath tests to pacify power tripping law enforcement? No.

IMO they have enough power to keep the roads safe now.
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Old September 13th, 2009, 04:27 AM   #12
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Except there's no check and balance to these sorts of things once they are unleashed.

For example, quite some time ago a friend and I were hanging out in the driveway talking. A cop whips in the driveway behind us, flips on his lights, gets out and starts asking us tons of questions, have we been drinking, makes us produce I.D. to prove I live there, blah blah blah. And we weren't even in a vehicle.

He eventually satisfies his power trip and leaves.

Fast forward to modern times and would I want my kids subjected to breath tests to pacify power tripping law enforcement? No.

IMO they have enough power to keep the roads safe now.
Apples and oranges. If you're in your driveway and he pulls in without reason, that's wrong.

If he's following a driver down the road that is weaving & decides to pull them over to investigate, he should be able to give a breathalizer test, regardless of their age. It's either a law for a driver, or it's not. Age should make no difference.
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Old September 13th, 2009, 04:33 AM   #13
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Originally Posted by whiterhino View Post
Apples and oranges. If you're in your driveway and he pulls in without reason, that's wrong.

If he's following a driver down the road that is weaving & decides to pull them over to investigate, he should be able to give a breathalizer test, regardless of their age. It's either a law for a driver, or it's not. Age should make no difference.
he should have to have probable cause.
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Old September 13th, 2009, 04:36 AM   #14
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so let me get this straight... when johnny law asks to breathalyze me... I just ask to see his warrent?
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Old September 13th, 2009, 05:23 AM   #15
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The court decision cited at the beginning of this thread does not apply to "implied consent" situations wherein a minor is suspected of driving a vehicle while under the influence of alcohol. The decision dealt with a situation wherein minors were NOT driving but were supected of having illegally consumed alcohol. So now, the latter can't be done w/o a warrant (or parental permission).

Minors suspected of driving are still subject to driving regulation and still subject o the "implied consent" rule, which states that by applying for, obtaining, and using a Michigan drivers license, an individual has given their consent to have their blood alcohol tested upon probable cause. If the minor refuses to take a blood alcohol test, then (like adults), his license can be seized.
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Old September 13th, 2009, 05:44 AM   #16
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If the officer finds "probable cause" (he smells alcohol, sees a bottle, you're swerving all over the road) you can bet you'll get a sobriety test, breathlizer, and your car searched.
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Old September 13th, 2009, 05:59 AM   #17
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Quote:
Originally Posted by 14muddn View Post
If the officer finds "probable cause" (he smells alcohol, sees a bottle, you're swerving all over the road) you can bet you'll get a sobriety test, breathlizer, and your car searched.
correct. i'm not sure why i made that statement in regards to the post that i quoted, i might have read it wrong.
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Old September 13th, 2009, 08:22 AM   #18
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This stems from walking home from the bar, not driving.
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Old September 13th, 2009, 08:44 AM   #19
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This stems from walking home from the bar, not driving.
Ahhhh........ my bad. In that case, I don't care.
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Old September 13th, 2009, 08:54 AM   #20
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just another way to raise a generation of no goods
No kidding. Remember when the legal drinking age was 18. All of us are still suffering from those hooligans
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