Friday, September 28, 2007

Unconstitutional? Ya think?

Go Judge Lawson.
U.S. District Court Judge David M. Lawson struck down [Michigan's] Minor in Possession (MIP) law because it “authorizes police officers to perform a search of minors without a warrant or legal excuse for not obtaining one” in violation of their Fourth Amendment rights. The decision does not apply to drivers of a motor vehicle and allows police officers to administer breath tests without warrants in emergencies.

Michigan is among a handful of states nationwide with an MIP law that makes it illegal for young adults and minors who are pedestrians to refuse a Breathalyzer test even though police do not have a search warrant. Those who refuse to take tests in Michigan are guilty of a civil infraction and must pay a $100 fine. In addition, police in some places — including Michigan State University — tell students that if they refuse to submit to a Breathalyzer upon demand that they could spend up to a dozen hours in jail.
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