Spencer v. City of Bay City

OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT, AND DENYING DEFENDANT’S MOTION TO DISMISS OR FOR SUMMARY JUDGMENT

LAWSON, District Judge.

This case involves a challenge to the constitutionality of a Bay City, Michigan ordinance that allows police officers, upon reasonable suspicion, to demand that a person who has not reached 21 years of age take a breath test, without first having obtained a search warrant. This matter is before the Court on the plaintiffs motion for partial summary judgment and on the defendant’s motion to dismiss or for summary judgment. The…