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Are the police allowed to stop random people on the street and to test a Breathalyzer?
So I live in a college town, every weekend I see the arrest of a bunch of drunk college kids. Last night they were only stopping random people on the street (drunk or sober) and asking them questions and such. May force them to do a breathalyzer test, even though you do not stumble, and there is no way to tell if you’re drunk or not?
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#2 written by LolWtf 1 year ago
Yes, public intox is a crime and if you look drunk, we can test you. And if you smell like alcohol, that”s enough. As to whether or not we can force you to take a PBT, that is unlikely, but they could and you can prove intoxication in court without it. Also, campus police have authority to enforce regulations of the school and if the school allows it, then you have to.
This actually sounds like some sort of detail. Much like a DUI checkpoint, for these rules change a little bit.
And LOL Terry v. Ohio pertains to searches for weapons, completely irrelevant.
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It doesn’t appear so. And unlike all of these police state loving pieces of garbage, who thoroughly disgust me, I’ll cite a court case which dealt specifically with your concern: http://www.aclu.org/technology-and-liberty/aclu-michigan-challenges-breathalyzer-tests-young-pedestrians
Those jack booted thugs in your town need to be DiPonzio’ed. Seriously.