Search and Seizure

Unlawful Search and Seizure

The Fourth Amendment protects against unlawful searches and seizures. Despite this, countless citizens have been subjected to searches without suspicion. The ACLU of Michigan challenges such unlawful practices by law enforcement and in schools.
Search and Seizure

ACLU, Livonia Settle Lawsuit Challenging Unconstitutional Breath Test of 13-Year-Old

Group Publishes Know Your Rights Guide for Teens Confronted with Breath Tests
FOR IMMEDIATE RELEASE:
December 16, 2011

DETROIT – The lawsuit brought by the American Civil Liberties Union of Michigan on behalf of a 13-year-old student who was forced by Livonia police to submit to an unconstitutional breathalyzer test has been settled. The City of Livonia has agreed to institute new policies and training to prevent unconstitutional breathalyzer searches of minors from occurring in the future. United States District Judge George Caram Steeh dismissed the case this week after the settlement agreement was reached. > Full Story
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ACLU Challenges Unconstitutional Breath Test of 13-Year-Old in Livonia

FOR IMMMEDIATE RELEASE:
September 20, 2011

DETROIT -- The American Civil Liberties Union of Michigan filed a federal lawsuit today on behalf of a 13-year-old boy who was forced by the Livonia police to submit to a breath test even though they did not have a warrant authorizing the procedure. The teen was not drinking and police had no evidence that he had broken the law. > Full Story
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ACLU Files Federal Lawsuit in Unconstitutional Raid of Detroit Art Gallery

FOR IMMEDIATE RELEASE:
February 18, 2010

DETROIT – The American Civil Liberties Union of Michigan filed a federal lawsuit today challenging the Detroit Police Department's 2008 raid of the Contemporary Art Institute of Detroit. During the raid more than one hundred innocent people were detained, searched, and charged with loitering. In addition, more than 40 legally parked cars were seized and not released until their owners paid nearly $1000.

> Full Story
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Settlement Reached in Unconstitutional Strip and Cavity Search Lawsuit Against Flint and Genesee County, ACLU Announces

Agreement includes New Policies, Police Training and $900,000 Payment
FOR IMMEDIATE RELEASE
December 14, 2009

Detroit – A federal judge today has approved a settlement agreement in the class action lawsuit brought by the American Civil Liberties Union of Michigan on behalf of more than 100 young men and women who were detained, charged with a crime, strip searched, and, in some cases, body cavity searched simply for being present at a licensed Flint dance club in 2005.

> Full Story
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Leelanau Deputies Must Stop Entering Homes and Demanding Breathalyzer Tests Without Warrants, ACLU Tells Sherriff in Letter

IMMEDIATE RELEASE:
October 5, 2009

LELAND, MICH – In a letter today, the American Civil Liberties Union of Michigan urged the Leelanau County Sheriff’s Department to end the unconstitutional practice of entering homes without warrants and forcing college-age students to submit to breathalyzer tests.
> Full Story
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Detroit Agrees to Drop Charges in Unconstitutional Raid of Art Gallery

IMMEDIATE RELEASE

September 22, 2008

DETROIT— The American Civil Liberties Union of Michigan announced today that the City of Detroit has dropped all charges against the nearly 116 patrons of the Contemporary Art Institute of Detroit (CAID) who were detained and cited by Detroit Police during the raid of a members-only gathering at the gallery.

> Full Story
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Charges Should be Dropped in Unconstitutional Raid of Art Gallery

IMMEDIATE RELEASE:

August 11, 2008

DETROIT-- In a legal brief filed today, the American Civil Liberties Union of Michigan asked a district court judge to dismiss criminal charges against Michael White, a patron of the Contemporary Art Institute of Detroit (CAID) who was detained and cited by Detroit Police during the raid of a members-only gathering at the gallery.

> Full Story
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Enforcement of Flint Saggy Pants Rule is Unconstitutional and Must be Stopped

IMMEDIATE RELEASE:
July 14, 2008

FLINT – In a letter today to the City of Flint Police Chief, the American Civil Liberties Union of Michigan warned that the Police Department’s enforcement of jail time and fines for wearing saggy pants and the practice of stopping and searching individuals wearing saggy pants are unconstitutional and should be stopped immediately.

> Full Story
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Flint Police Mass Arrests at Dance Club Unconstitutional

Flint Police Mass Arrests at Dance Club Unconstitutional, Says Circuit Court Judge

FOR IMMEDIATE RELEASE
October 13, 2006

Detroit -- Today, a Genesee Circuit Court judge reversed a district court decision and ruled that Flint Police violated the constitutional rights of 94 men and women who were arrested during a police raid at club What’s Next. 

> Full Story
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ACLU Encouraged By Ruling In Nightclub Raid Case

Drug-Free Patrons were Arrested and Strip Searched

FOR IMMEDIATE RELEASE - April 5, 2006

DETROIT -- While the charges against the 93 drug-free young people arrested at a Flint nightclub have not yet been thrown out, the American Civil Liberties Union of Michigan, which represents the nightclub patrons, was encouraged by the most recent ruling in the case.

> Full Story
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U.S. Supreme Court to Decide If Unlawfully Seized Evidence Can Be Used By Police

January 9, 2006 - Press Release

DETROIT – Today the American Civil Liberties Union of Michigan appeared before the U.S. Supreme Court to argue that the police should not be able to use evidence found in a home if the officers did not meet the “knock and announce” requirement and unlawfully entered the home. The ACLU is representing Booker T. Hudson, a Michigan homeowner.

> Full Story
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Pivotal Michigan Case Decided Wiretaps Must Be Approved

December 22, 2005 - Detroit News Op-Ed by Kary L. Moss, ACLU of Michigan Executive Director

Judge Damon Keith ruling was key in establishing legal precedent

The 214th anniversary of the ratification of the Bill of Rights this past week is an appropriate time to remember that protecting constitutional freedoms lies at the heart and soul of this country.

> Full Story
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ACLU Will Appeal Judge's Decision in Flint Raid Case

Motion to Dismiss Denied in ACLU Case Representing Dance Club Patrons Subjected to Mass Arrest and Searches  

September 8, 2005 - Press Release

DETROIT – The American Civil Liberties Union of Michigan expressed dismay today that the motion to dismiss the charges against 93 young men and women arrested, strip searched and/or cavity searched by the Flint police was denied.  All of the people, represented by a team of lawyers from the ACLU, were drug free when they were at a dance club last March where other patrons in the bar possessed drugs, but charged with “frequenting a drug house." > Full Story
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ACLU Defends Flint Dance Club Patrons After Mass Arrests and Searches

August 29, 2005 - Press Release

DETROIT - The American Civil Liberties Union of Michigan will ask a Flint judge to dismiss charges against 93 young men and women who were arrested, strip searched and/or cavity searched by the police last March at a Flint dance club.  Although all the ACLU clients were drug free, they were arrested because some other patrons in the bar possessed drugs.

> Full Story
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ACLU Lawsuit Challenges Unconstitutional Breathalyzer Tests for Pedestrians

August 4, 2005 - Press Release

DETROIT – In a case with far reaching implications for young adults and minors throughout Michigan, the ACLU of Michigan filed a federal lawsuit today challenging a state law that allows police to force pedestrians under age 21 to take a Breathalyzer test without first obtaining a search warrant.

> Full Story
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U.S. Supreme Court Agrees To Hear Michigan ACLU Case Next Term

June 29, 2005 - Press Release

DETROIT – The U.S. Supreme Court announced Monday that it will hear a Michigan case raising the question of whether the courts should suppress evidence seized by the police when they unlawfully enter a home without first knocking and announcing their presence. The American Civil Liberties Union of Michigan is representing the homeowner, Booker T. Hudson.

> Full Story
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ACLU Sues Officer for Unconstitutional Arrest

Man Arrested For Advising Friend of Rights

December 14, 2004 - Press Release

DETROIT – The American Civil Liberties Union of Michigan filed a federal lawsuit today on behalf of a young man who was unconstitutionally arrested simply because he told his friend that he had the right to decline to answer questions. > Full Story
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ACLU Files Challenge to Mass Search Policy

Lawsuit Filed Against Detroit Police and Detroit Public Schools

June 10, 2004 - Press Release

DETROIT – At a news conference this morning, the American Civil Liberties Union of Michigan announced a challenge to a policy that has allowed the Detroit Police Department and the Detroit Public Schools to conduct mass searches of middle and high school students.

> Full Story
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Liberties Groups Ask Court to Overturn Poletown Decision

Amicus Brief Filed To Stop Seizure of Private Property

January 12, 2004 - Press Release

DETROIT – The california-based Pacific Legal Foundation and the American Civil Liberties Union of Michigan joined forces today by filing a friend of the court brief to ask the Michigan Supreme Court to overrule a 20-year-old decision that allows powerful corporations to seize private property for their own private interests.

> Full Story
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Settlement Reached In Lawsuit Over Mandatory Drug Testing of Welfare Recipients

December 18, 2003 - Press Release

DETROIT – Michigan’s attempt to impose mandatory drug tests on all welfare recipients has finally come to an end, the American Civil Liberties Union announced today after a settlement was reached with the Family Independence Agency (FIA).  The FIA can now require drug testing of welfare recipients only where there is a reasonable suspicion that the recipient is using drugs.

> Full Story
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ACLU Urges That Police Be Instructed to Stop Unconstitutional Breathalyzer Tests

Request Based on Recent Federal Court Ruling

December 16, 2003 - Press Release

DETROIT –The ACLU of Michigan emailed letters today to 425 city, village, and university attorneys in Michigan urging them to instruct their respective police forces to stop forcing minors to take unconstitutional Breathalyzer tests.  The request is based on a recent federal court ruling that forbids officers to compel pedestrians to submit to a breath test unless they first obtain a search warrant from a judge.

> Full Story
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Court Strikes Down Breathalyzer Tests for Pedestrians As Unconstitutional

ACLU Praises Ruling as Major Civil Liberties Victory for Young Adults

November 25, 2003 - Press Release

DETROIT – In a ruling that will impact young adults throughout the state, a federal judge ruled that the police may no longer force pedestrians under age 21 to take a Breathalyzer test without obtaining a search warrant.  The decision comes in a case filed by the American Civil Liberties Union of Michigan.

> Full Story
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Judge Rules For Whitmore Lake High School Students

Strip Search Unconsitutional

June 19, 2003 - Press Release

DETROIT – In a victory for student rights, a federal judge has ruled that the strip search of more than twenty students that took place at Whitmore Lake High School was unconstitutional and has rejected the school district’s argument that a lawsuit against teachers and administrators should be dismissed before trial.

> Full Story
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ACLU Wins Drug Testing Lawsuit in Court of Appeals

Court Rules Drug Testing of Welfare Recipients is Unconstitutional

April 9, 2003 - Press Release

DETROIT –  In a victory for privacy rights, the ACLU of  Michigan announced today that a special 12-member panel of the U.S. Sixth Circuit Court of Appeals has halted the State’s attempt to impose mandatory drug tests on all welfare recipients.  Michigan is the only state in the country to require drug testing without reason to suspect drug use.

> Full Story
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ACLU Lawsuit Challenges Unconstitutional Breathalyzer Tests for Pedestrians

Read this New ArticleNovember 21- Press Release


BAY CITY – The ACLU of Michigan filed a federal lawsuit today challenging a police practice of forcing pedestrians under age 21 to take a Breathalyzer test without first obtaining a search warrant.  The case was filed against the City of Bay City on behalf of Jamie Spencer, a 20-year-old woman who was forced by an officer to take a breath test or pay a $100 fine even though she had not been drinking alcohol.

> Full Story
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ACLU Opposes Ferndale Police Plan for Breathalizers at Bars and Restaurants

November 9, 2001 - Press Release

The American Civil Liberties Union of Michigan sent a letter today to oppose a proposed Ferndale Police Department that would permit officers to give breath tests to patrons of restaurants and bars without probable cause to believe that the person committed a crime.

> Full Story
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ACLU Fact Sheets: Michigan's Drug Testing Law

September 1, 2000

Marchwinski v. Family Independence Agency

Michigan stands alone in requiring its residents to provide a drug-free urine sample in order to continue receiving the state's assistance in achieving "family independence."

> Full Story

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