Many students at MSU have been at a party that's gotten broken up by the police, or at least have heard stories about one from a friend. You know the drill. The cops come in, and lots of people run out, not wanting to receive a citation for being a minor in possession of alcohol.
Often, the police will use a Breathalyzer test to estimate a person's blood-alcohol content. This is authorized under Michigan law which states an officer who has reasonable cause to believe a minor has been drinking may conduct such a test.
In a recent case, the Michigan American Civil Liberties Union is arguing this law is unconstitutional because it violates the protections against unreasonable searches and seizures set out in the Fourth Amendment.
Although we believe there is a potential for abuse inherent in the law, as the ACLU contends, we also believe the majority of Breathalyzer tests are warranted.
When cops come to break up a party, the people who will get caught are the ones displaying probable cause for a Breathalyzer test. Just a few of the signs are a bright red plastic cup in hand, stumbling around and yammering loudly.
Individuals doing these things make themselves likely candidates for getting in trouble with the police. Drinking alcohol underage is illegal. Everyone knows this. For the most part, East Lansing police aren't hunting down minors in possession; they're merely responding to noise complaints and handing out tickets to law breakers who fall into their laps.
This sounds like an apologist stance, but it makes sense.
The ACLU has a point, though: It's not fair to give a Breathalyzer test to minors merely because they're at a party and look like they aren't 21 years old. It's not fair to stop random people on the street who are minding their own business, to test them.
If they don't look or smell drunk and aren't holding a cup, there's no probable cause. Therein lies the margin for abuse.
Some of the plaintiffs represented by the ACLU were breathalyzed but hadn't been drinking at all. But to refuse the Breathalyzer test results in a $100 fine - Michigan is the only state in the nation to make it illegal for young people who aren't driving to refuse such a test, according to the ACLU.
This Michigan law probably has resulted in some abuse, but we believe that it isn't unreasonable for an officer to administer Breathalyzer tests when there is probable cause to do so. Plus, these tests are just one of the ways officers can identify underage drinkers - there's always the old touch-the-nose test.
Breathalyzers are a useful law-enforcement tool. Although the law governing their use might push the envelope of the Fourth Amendment, there is little practical reason to strike down this law.
