Legal Question in Constitutional Law in Michigan
police removing child from home for breathalyzer test
My 17 yr son was removed from my home for a breathalyzer test in the am, while I was sleeping. My
son asked to have me present the officer said no. Also, my son passed the test. I'm concerned about the police coming to my home and snooping around and removing my child without my permission or knowledge. I just want to know what our rights are in this type of situation. Thank you.
1 Answer from Attorneys
Re: police removing child from home for breathalyzer test
Hello. From your description
of the events it is clear
that the police officers
entered your home without a
search warrant and made what
appears to have been an unlaw-
ful arrest. Therefore, in
my opinion, from your narrative, it appears as if you have a basis for a civil
law suit, however the state
court is normally where you
would file a case of this
type. You need representa-
tion. You have a constitu-
tional right to be free of
unlawful search and seizure,
and your son could not be
forced, under the law, to
take a breathalizer test. If
a person refuses, their
driver's license will be
suspended, pursuant to a
statutory summary suspension,
but a person has the right to
refuse to take the test. From
what you tell me, it appears
as if your son was forced to
take the breathalizer, which
means that his rights were
further violated
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