Posted on 06/08/2016 1:29:44 PM PDT by Theoria
Interesting.
For decades states have gotten away with this using the doctrine of implied consent. If you apply for a drivers license it is “implied” that you are also consenting to a breath test.
Since this kid was a passenger his consent cannot be “implied” from anything. This looks like one of those cases that could tie our entire court system in knots for the next 13 years.
Good analysis. I think this legal challenge is overdue.
Largely a result of the idiocy of treating 18-20 year olds as though they were minors regarding alcohol, but adults regarding everything else.
The girl may have a point. This will give her a guaranteed A+ Term Paper, especially if she doesn’t have to pay that ticket. She’ll be a High School Hero! Just don’t lord it over every cop you encounter.
How did you change "her" into "him"?
In NY you tell the cop NO. And you get a fine and you get your insurance bumped. But it is NOT a DWI conviction. Lawyers here tell you NOT to submit to tests.
Probable cause? Was she visibly intoxicated or smelling of alcohol? Then no warrant is required IIRC. Your mileage may vary.
The police are always right
or something.
The solution is to refuse to roll down your window - just crack it. When the cop asks to roll it down, say no.
The cop will be innocuous and say "It's just so I can hear you better", to which you reply "I can hear YOU just fine".
Cops are trained to look for openings. Don't give them one.
Not that I have any confidence in the outcome.
Most likely John Roberts will find that by entering the vehicle he gave his consent. Which is a tax.
Normally I’d lol at that. But there is too much truth to your comment.
Yes very true this foolish has cause no amount of trouble for 18 to 20 year old.
There are more than a few of these cops who think they can run rough shod over kids. A friend's son was a passenger in a car that was pulled over for not coming to a complete stop at a stop sign. The cop gave them both tickets. The 16 year old passenger didn't have his drivers license on him so he showed his military ID from his dad. The cop said he asked for his drivers license, the kid didn't have it so blam! a ticket for improper ID. What the heck, the kid wasn't driving. The dad had to take off work to challenge it.
“How did you change “her” into “him”?
It’s how she “felt” that day!
correction; it does now. She's lucky this POS cop didn't do a body cavity check on her for drugs. Or should I say, the cop is lucky, in this case.
I had a personal meeting with Grosse Ile supervisor Brian Loftus in 2009 about this very subject. US District Judge Lawton (Eastern Michigan) had already ruled these actions unconstitutional. I advised him bad law enforced by zealots was a bad mix and eventually he would be sued. I could go on at great length however I don’t wish to boor. This is what Jen Granholm and the Democrats thought was a good idea back in 2004.
“How did you change “her” into “him”?”
Genders are a bend’en these days.
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