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Good for her! A Michigan high school student who was fined when she refused to take a Breathalyzer test — even though she was only a passenger in the vehicle — has filed a federal lawsuit claiming her constitutional right to be free from unreasonable searches was violated.
The law violates Guthrie’s Fourth Amendment right to be free from unreasonable searches, her Detroit lawyer told NBC News. “Her rights were violated when she was forced to submit to Breathalyzer to prove her innocence,” attorney Mike Rataj said. “That is not how the criminal justice system works. This is a girl who has never been in trouble before and has no criminal history.”
It can be argued that a driver has made a deal with the state, which provides roads and regulates their safe use, and must submit. She however was merely a passenger, and thus any search of her body really does require a warrant, as per the Bill of Rights. I hope she wins.