Legal Question in Constitutional Law in Michigan

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