The ACLU of Northern California questions the legality of “DUI flashlights.” Commonly known as passive alcohol sensors, these devices are similar to flashlights and indicate whether a specific amount of alcohol is detected in the area. While law enforcement officials consider the devices to be useful tools, the ACLU contends that it is an unconstitutional invasion of rights.
While California law requires officers to get permission before a person takes a breath test, officers deploy the DUI flashlights without asking for permission. The ACLU argues that this is an impermissible infringement on the rights of people in the vehicle screened.
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