Sober Student Forced to Take Breathalyzer Test Sues

During a school picnic, an assistant principal who apparently had never been to a park before spotted an empty liquor bottle lying on the ground and immediately knew, just knew, that this one eighth grader with no history of drinking whatsoever had left it there. Nobody drinks in the woods.

The school official called the local (Livonia, Michigan) police, who forced the 13-year-old student to take a Breathalyzer test. The student passed the test, which suggests that someone else left the empty bottle. Outrageous. Next you're going to tell me that all the empty liquor bottles lying on my grandmother's living room floor, and in the vacant lot next to my house, and in the pews of my church, were also left by someone who was not that 13-year-old eighth grader. This is too much to process.

Because the police did not have a warrant when they forced the boy to Breathalyze, the ACLU is suing the city on his behalf, the Free Press reports:

"Federal and state courts have ruled over and over again that if a teen is not driving, the police need a search warrant to administer a breath test," said ACLU staff attorney Dan Korobkin. "The Fourth Amendment's warrant requirement is designed to prevent exactly what happened in this case. When there is no evidence that a child has done anything wrong, he should never be subjected to this degrading and embarrassing procedure in front of his teachers and peers."

Can we be sure that the eighth grader was not actually driving in the woods, though? Because there were some empty cars parked in a lot near the picnic location.

[Free Press. Image via Shutterstock]