The American Civil Liberties Union has filed a lawsuit against a Detroit suburb, saying teens on a school trip were forced to take an alcohol test after an administrator found an empty liquor bottle in the woods.
In June, a 13-year-old student was at a school-sponsored picnic in Livonia's Rotary Park, celebrating his class' graduation from Discovery Middle School in Canton when he and four other friends went into the woods for a short walk, the ACLU said. When they returned, they were accused of drinking by the assistant principal who had followed them into the woods and found an empty liquor bottle on the ground. The ACLU said the principal called police even after the students denied any drinking.
Livonia police gave the teens breath tests, of which they registered a 0.00, the ACLU said.
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"Well, I was stunned, to be honest," said Tina Barbee, the boy's mother. "I was stunned to learn that my 13-year-old would come home and say he took a breathalyzer test."
The ACLU filed a lawsuit Tuesday against Livonia on behalf of the 13-year-old boy. The lawsuit said parents were not contacted ahead of the test nor did officers get a warrant.
The ACLU says the test was a "degrading," illegal search by Livonia police.
"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 Dan Korobkin, ACLU of Michigan staff attorney. "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."
The lawsuit seeks a financial award and the removal of the boy's name from police records. A message seeking comment was left with Livonia police.
"Many municipalities still conduct this abuse of power," said Michael Steinberg, of the Michigan ACLU.
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